Something in the heir
In today's globalised world, individuals work, marry and settle in different countries. For those with interests in multiple jurisdictions, cross-border complexities in succession are commonplace. One such complexity arises in the form of forced heirship under which some jurisdictions protect certain heirs from disinheritance. This gives rise to myriad estate-planning challenges and individuals with international connections should plan ahead.
Many civil-law countries have stringent rules protecting certain beneficiaries from disinheritance. The concept of forced heirship is lesser known in common-law jurisdictions like England and Wales where the deceased generally has testamentary freedom to distribute their assets as they wish on death. This differs from the position in Scotland (a mixed civil- and common-law system) where the surviving spouse and children are protected from disinheritance.
The focus of this article is on the relationship between the rights of the surviving spouse in France and Scotland in an estate involving both jurisdictions.
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