What happens if I own a home in France and my Canadian Will leaves it to my spouse?
Short answer
It depends on your nationality, where you live, what your Ontario Will says, and how French law applies to that property. If you own property there, forced heirship rules could require a share to go to your children—even if your Will says otherwise. Some Canadians can override this with expert help, but only with careful planning and drafting.
Long answer
Owning property in France comes with a legal twist: forced heirship or reserved share. French law automatically reserves a portion of your estate for certain heirs—usually children. So even if your Canadian Will leaves everything to your spouse, French law may say otherwise.
But there is a potential fix. Under EU succession rules, Canadian citizens can explicitly choose Canadian law to apply to their estate—even for property located in France. This can override France’s inheritance rules—but only if your Will explicitly says so, and local courts accept it.
It’s not automatic. If your Will is vague, outdated, or silent, French law could take over by default. Other planning options—like a French Will, co-ownership changes, or gifts—exist, but each comes with tradeoffs.
**For Advisors, Notaries, and Professionals:**
Under the EU Succession Regulation (Brussels IV), France will apply the law chosen in the deceased’s Will—typically Ontario law, if the testator was a Canadian national and made a valid choice of law (professio juris). When this election is valid, French notaries are directed to apply Ontario *internal* succession law under Article 34(2), which excludes conflict-of-laws rules like Ontario’s scission doctrine.
This means the Ontario Will may govern French real estate even though Ontario law would normally defer to the law of the situs. However, French Civil Code article 913 (forced heirship) may still apply on ordre public grounds if children are excluded or significantly disadvantaged. French notaries vary in their willingness to accept such Wills without a legal opinion or local coordination. This new civil code provision may also be challenged.
A second Will may be appropriate instead of relying on a choice of law clause if:
- The French property is high in value or complexity
- Forced heirship issues are likely to trigger family conflict
- Tax or procedural simplification is a priority
- The Will omits a professio juris or contains revocation clauses that create risk
**Note:** Legal opinions confirming Ontario law and testamentary freedom are sometimes requested by French notaries during administration. These can be provided upon request.
Make sure your Will is drafted carefully.
This content is for general information only and does not constitute legal advice. Please consult a lawyer about your specific situation.