The new Right of Compensatory Levy - return of French forced heirship rules? A matter to consider in cross-border succession with France
The International Family Offices Journal
Vol. 7 - Iss. 1 pp. 47–51
France recently introduced the Right of Compensatory Levy. Michael Khayat and Jeanne Marcilhacy explain clearly how this new legislation goes beyond the original intent of the legislator. It introduces additional forced heirship restrictions when the estate includes French assets, the succession has a qualifying link with the European Union and the applicable succession legislation does not provide for forced heirship rules. The authors point out the possible incompatibility with EU law. Practitioners must be aware of these new French rules.