Cross-border successions involving French assets are increasingly common. A key preliminary question in such matters is: which law governs the succession?
French private international law adheres to the principles set out in EU Regulation No 650/2012 of 4 July 2012, also known as the EU Succession Regulation. Applicable since 17 August 2015, it harmonises rules across most EU Member States (excluding Denmark and Ireland) on jurisdiction, applicable law, and the recognition and enforcement of succession decisions.
This regulation plays a decisive role whenever the deceased had assets located in France and had a habitual residence or nationality connected to another country.

Under Article 21(1) of the Regulation, the law applicable to the entirety of the succession is, by default, the law of the State in which the deceased had their habitual residence at the time of death. This law governs both movable and immovable property.

In practice, this means that French law will not automatically apply merely because the deceased held real estate in France. Instead, the law of the last habitual residence governs the entire succession, unless an exception or choice of law applies.

Where the law designated is that of a non-EU State, the question of renvoi may arise. Pursuant to Article 34, France accepts the renvoi in two situations:

• When the law of the non-Member State refers back to the law of a Member State (such as France); or
• When it refers onward to the law of another non-Member State which accepts the referral.

This mechanism ensures consistency in cross-border cases and may result in French law being reinstated as the applicable law – even where the deceased was not habitually resident in France – if the foreign law refers succession matters back to France, particularly for immovable property located there.

Under Article 22, an individual may elect in advance that the law of their nationality shall govern their succession. This must be made expressly in a will or other testamentary instrument. Such a choice can offer greater flexibility, particularly for testators from common law jurisdictions who wish to avoid the forced heirship rules imposed under French law.

Nevertheless, the chosen law must not contravene French international public policy. For instance, if the applicable law allows a son to inherit twice as much as a daughter, French courts may restrict its effects with regard to assets located in France, by invoking the public policy exception under Article 35 of the EU Succession Regulation.