How do forced heirship laws affect my Will?
Short answer
If you own assets in a country with forced heirship, like France, Spain, or Portugal, your Canadian Will might not be enough. Local law may force part of your estate to go to specific family members, even if your Will says otherwise. In many cases, you can override that, but only if your Will is structured properly.
Long answer
Forced heirship means you don’t get to decide who gets everything. Certain countries—like France, Portugal, Spain, and Italy—have laws that automatically allocate part of your estate to specific family members, usually your children. Even if your Canadian Will says otherwise, those local rules can take priority for property located in that country.
This catches a lot of people off guard. They assume their Will covers everything, or that Canadian law will follow them abroad. That’s not how it automatically works.
Wills are territorial. The law that applies to your real estate, bank accounts, or other assets is often the law of the country where those assets sit. So if you own a house in France, French law applies - unless you’re a Canaadian citizen and validly chosen Canadian law as your succession law under EU rules.
That choice is possible under the European Union succession regulation known as Brussels IV, that lets foreigners choose the law of their nationality to govern the succession of EU-based assets. But it only works if your Will actually and clearly makes that choice, and if the rest of your planning doesn’t accidentally undo it.
If your Will is silent or vague, local law applies by default. That can trigger forced heirship: a portion of your property (sometimes as much as 50% or more) gets automatically reserved for your children or other relatives, even if you tried to leave everything to your spouse.
That’s not just a paperwork issue. It’s a structural failure that leads to conflict and unintended outcomes.
I help Canadians structure their Wills to avoid forced heirship traps and make sure their cross-border plans hold up.
If you own property in Europe, this is one area where “good enough” isn’t.
Make sure your Will works internationally
This content is for general information only and does not constitute legal advice. Please consult a lawyer about your specific situation.