HELPLINE: 
Why professio juris alone no longer protects your estate
The situation. Mr Webb* is a British national living in France with his wife, Charlotte. They are married under the séparation de biens regime and do not have children together. Mr Webb, however, has one daughter from a previous relationship who lives in New Zealand. He doesn’t want to include her in his estate as his intention is to leave everything to Charlotte.
Please note, at DTB Wealth Management, we handle cases like this with the utmost sensitivity. Our role is not to take sides, but to provide clear, accurate guidance through the legal process.
Key insight. Many British nationals believe that applying English law (professio juris) avoids French forced heirship, but it just doesn’t hold.
In 2021, France introduced the prélèvement compensatoire, which allows disinherited children to claim compensation, even when foreign law is used. This rule applies regardless of the child’s location – what matters is that the deceased resided in France.
Succession strategy. To achieve Mr Webb’s wishes, we recommend the following French legal tools:
- Clause de préciput: Charlotte can inherit specific assets, such as the home, tax-free.
- Donation au dernier vivant: Enhances Charlotte’s rights to choose usufruct or ownership of part of the estate.
- Assurance vie: Can transfer funds directly to Charlotte with up to €152,500 tax-free (if set up before age 70).
- Bilingual will with professio juris: Still useful, but must be paired with French tools for effective protection.
Takeaway. Professio juris alone no longer secures your estate. French legal tools are essential to protect your spouse and your wishes.
*Names have been changed for confidentiality.