Conflict of Inheritance Laws Between English Common Law and European Civil Law: A Growing Problem for International Families

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Why Cross-Border Inheritance Disputes Are Increasing Between England and Europe 

As international families become increasingly common, conflicts between English inheritance law and European civil law systems are creating serious legal, tax, and family complications. Individuals with assets, family members, businesses, or property across multiple jurisdictions often assume that a single Will drafted in England will automatically be recognised and implemented abroad. In practice, this is frequently incorrect. 

One of the most significant legal tensions arises from the fundamental differences between the inheritance principles of the English Common Law system and the Civil Law systems used across much of continental Europe. 

This issue regularly affects: 

• British nationals owning European property 

• European nationals living in England 

• International families with dual nationality 

• High-net-worth individuals with assets in multiple jurisdictions 

• Cross-border trust and estate structures 

• International probate and succession disputes 

For families with assets in countries such as France, Spain, Italy, Germany, Portugal, or Belgium, the legal differences can be dramatic. 

English Common Law vs European Civil Law: The Fundamental Difference 

English Common Law – Testamentary Freedom 

Under the law of England and Wales, individuals generally enjoy what lawyers call “testamentary freedom”. 

This means a person may usually decide: 

• who inherits their estate; 

• in what proportions; 

• under what conditions; and 

• whether certain family members should receive nothing. 

For example, an English Will may lawfully leave: 

• the entire estate to one child; 

• everything to a spouse; 

• assets to charity; 

• business interests into trust; or 

• substantial wealth into complex succession structures. 

Although claims may still arise under the Inheritance (Provision for Family and Dependants) Act 1975, English law broadly respects personal freedom in succession planning. 

This flexibility is one of the reasons why England is often regarded as a sophisticated jurisdiction for private wealth planning, trusts, and estate structuring. 

European Civil Law – Forced Heirship 

Many European Civil Law jurisdictions adopt an entirely different principle known as “forced heirship”. 

Under forced heirship systems, certain close family members automatically inherit fixed portions of the estate regardless of the deceased’s wishes. 

In many countries: 

• children cannot be fully disinherited; 

• spouses receive mandatory inheritance rights; 

• fixed percentages are prescribed by law; and 

• succession planning flexibility is significantly restricted. 

This often comes as a major shock to British nationals with European assets. 

Example: A British National Owning Property in France 

France operates one of the best-known forced heirship regimes. 

Suppose an English businessman owns: 

• a London investment portfolio; 

• a villa in the South of France; and 

• wishes to leave everything to his second wife. 

Under English law, this may be entirely valid. 

However, under French succession law: 

• children may automatically inherit reserved shares of the French property; 

• the surviving spouse may receive less than intended; and 

• the English Will may not fully override French inheritance rights. 

This frequently creates: 

• family disputes; 

• cross-border probate complications; 

• tax inefficiencies; and 

• expensive litigation. 

Example: Spanish Forced Heirship Rules 

Spain also applies strict forced heirship principles in many regions. 

A common scenario involves: 

• British expatriates retiring to Spain; 

• purchasing Spanish real estate; 

• drafting an English Will; and 

• assuming English law controls everything. 

In reality, Spanish succession law may require: 

• substantial portions of the estate to pass to children; 

• equal treatment between descendants; and 

• restrictions on testamentary freedom. 

Different autonomous regions within Spain may also apply different succession rules, adding further complexity. 

Example: Italian Succession Law 

Under the law of Italy, “legittima” rules protect close relatives. 

Children, spouses, and sometimes ascendants may possess protected inheritance rights which cannot easily be removed by Will. 

A wealthy individual attempting to transfer substantial Italian assets into discretionary trusts may therefore encounter: 

• enforceability issues; 

• succession challenges; 

• tax scrutiny; and 

• disputes from excluded heirs. 

The European Succession Regulation (Brussels IV) 

An important legal development was the introduction of the European Succession Regulation, commonly known as “Brussels IV”. 

Although the UK did not opt into the regulation following Brexit, the regulation still affects many British nationals with European assets. 

In broad terms, Brussels IV allows individuals in participating EU states to elect the law of their nationality to govern succession. 

For example: 

• a British national living in France may elect English law to govern their estate; 

• a British national in Spain may choose English succession law in their Will. 

However, this area remains legally complex. 

There are important limitations involving: 

• tax law; 

• matrimonial property regimes; 

• local land rules; 

• trust recognition; 

• public policy exceptions; and 

• procedural enforcement issues. 

A poorly drafted international Will can therefore create significant unintended consequences. 

The Trust Problem in Civil Law Jurisdictions 

Another major conflict concerns trusts. 

England has one of the most developed trust law systems in the world. Many Civil Law jurisdictions historically did not recognise trusts in the same way. 

This creates practical issues where: 

• English discretionary trusts hold European assets; 

• offshore trust structures own continental property; 

• beneficiaries reside in Europe; or 

• European courts examine trust arrangements during succession disputes. 

Some Civil Law jurisdictions may: 

• challenge trust structures; 

• recharacterise ownership; 

• apply heirship claims against trust assets; or 

• impose adverse tax treatment. 

This is particularly important for: 

• high-net-worth families; 

• international entrepreneurs; 

• family offices; and 

• cross-border estate planners. 

Why International Estate Planning Must Be Coordinated Properly 

Cross-border inheritance planning should never be approached using a purely domestic mindset. 

An English Will alone may not adequately protect: 

• overseas property; 

• foreign bank accounts; 

• international companies; 

• family businesses; 

• trust interests; or 

• tax efficiency objectives. 

Effective international succession planning frequently requires: 

• coordinated multi-jurisdictional Wills; 

• succession analysis; 

• tax planning; 

• trust structuring; 

• domicile and residency review; 

• probate strategy; and 

• consideration of conflict-of-law rules. 

Without proper planning, families may face: 

• parallel probate proceedings; 

• contradictory court decisions; 

• forced heirship claims; 

• frozen assets; 

• tax exposure; and 

• family breakdown. 

The Human Cost of Cross-Border Inheritance Disputes 

These disputes are not merely technical legal problems. 

In practice, international inheritance disputes often destroy family relationships permanently. 

Siblings stop speaking to one another. Step-families enter litigation. Estates become trapped in multiple jurisdictions for years. Legal costs escalate rapidly across several countries simultaneously. 

Many families discover too late that: 

• their Wills conflict with local inheritance laws; 

• their trust structures are misunderstood abroad; or 

• the succession plan they believed was legally effective cannot be implemented internationally as intended. 

International Private Wealth Advice Is Essential 

Cross-border inheritance planning requires lawyers who understand: 

• English succession law; 

• international private wealth structures; 

• trusts; 

• tax; 

• conflict of laws; 

• probate procedure; and 

• international dispute resolution. 

This is particularly important where estates involve: 

• England and Europe; 

• international property portfolios; 

• offshore structures; 

• family businesses; or 

• high-value trust arrangements. 

About the Author 

Sheikh Najam TEP is a Central London-based STEP-qualified Private Wealth Lawyer, Notary, mediator, and arbitrator advising UK and international clients on: 

• international succession planning; 

• trusts and estate structures; 

• cross-border probate; 

• inheritance disputes; 

• tax-efficient wealth planning; and 

• international private client matters. 

STEP Society of Trust and Estate Practitioners' logo

He advises high-net-worth and internationally mobile families with assets across England, Europe, and offshore jurisdictions. 

Based at Fox Court, Gray’s Inn Road, London WC1X 8HN, he is authorised to practise law throughout England & Wales and advises on complex cross-border legal matters involving succession, trusts, taxation, and dispute prevention. 

Contact Details 

SheikhNajam.com 

Staple Inn Notaries and International Lawyers 

Book Consultation: 

Calendly Appointment Booking 

Telephone: 

+44 20 3488 4195 

The topic of this article is: 

Conflict between English inheritance law and European forced heirship rules explained by London STEP-qualified Private Wealth Lawyer Sheikh Najam. Expert advice on international Wills, trusts, probate, tax, and cross-border estate disputes.