The role of a lawyer in settling inheritance disputes

The most common causes of inheritance disputes include:

1. Disinheritance or unequal treatment of heirs.
2. Ambiguous or contradictory wills.
3. Claims by second spouses or children from prior marriages.
4. Executor misconduct or perceived favoritism.
5. Lifetime gifts that distort the estate’s actual value.
6. Cross-border legal contradictions, e.g., a U.S. will that violates French heirship laws.
7. Lack of clarity about what assets are part of the estate.

Example: A British father living in France leaves his French home to his new partner, excluding his UK-based children. UK law may support this, but French law guarantees a reserved portion for the children, triggering a dispute.

Under French law, children cannot be disinherited. The estate is divided into:

• Réserve héréditaire: A mandatory portion for children
• Quotité disponible: A freely disposable portion

Disputes often arise when:

• Foreign wills attempt to bypass these rules
• The deceased makes large donations during their lifetime
• A spouse receives more than legally permitted under French law

Lawyer’s Role:

• Analyse whether gifts exceed the disposable portion
• File a réduction d’une donation excessive
• Evaluate lifetime transfers disguised as gifts (e.g., real estate sales below market value)

Many disputes stem from wills that are either not legally valid in the jurisdiction where probate occurs, or that create conflicts between jurisdictions.

Examples:

• A common law will naming an executor is submitted in France, which does not recognize executors.
• A handwritten will (holographic) made in France may lack the formalities required under UK law.

In cross-border cases, legal professionals must:

• Determine the applicable law under the EU Succession Regulation (Brussels IV).
• Harmonise the estate administration procedures (probate, notarial acts, etc.).
• Seek recognition and enforcement of foreign judgments.

Disputes become even more complicated when the estate includes:

• Family businesses
• Shared real estate
• International investments or trusts

These assets often lack liquidity, making it difficult to divide them equitably.

French Law: May favor indivision (co-ownership) solutions until heirs agree to sell.

Common Law: Executors often sell assets for cash distribution.

Lawyers help:

• Negotiate buyouts between heirs
• Set up legal structures to preserve family property
• File motions for judicial partition or forced sale

Under common law, cohabiting partners may be entitled to inheritance rights depending on local statutes (e.g., Inheritance Act 1975 in the UK). In France, only spouses or PACS partners have inheritance rights; unmarried partners or stepchildren are excluded unless specifically named in the will.

Dispute arises when:

• A surviving partner has no legal status
• Biological children exclude the deceased’s companion
• There is no formal will

Lawyers step in to:

• Petition courts for equitable relief in common law
• Prove “concubinage notoire” or establish usufruct rights in French law
• Encourage strategic use of life insurance policies, gifts, or transfers of ownership during the testator’s life

Inheritance disputes are rarely about money alone. They are:

• Reflections of long-standing family resentments
• Aggravated by poor communication or secrecy
• Heightened by geographical distance or legal ignorance

Lawyers must balance legal expertise with mediation and diplomacy, often bringing in:

• Family mediators
• Tax experts
• Cross-border advisors

Litigation is usually the last resort, but becomes necessary when:

• Heirs cannot agree on asset division
• A will’s validity is challenged (e.g. undue influence, forgery, lack of capacity)
• One heir is accused of hiding or misappropriating estate assets
• Disputes arise over forced heirship rules (France) or elective shares (common law)
• A cross-border estate involves conflicting jurisdiction claims

Lawyers are critical in:

• Determining the competent court under the EU Succession Regulation or bilateral agreements
• Identifying governing law (French civil law vs. common law)
• Filing claims and counterclaims that respect both procedural rules and cultural nuances

France (civil law system):

• Inheritance disputes often go through the Tribunal Judiciaire
• Pre-trial mediation or conciliation is often recommended
• Procedure is written-heavy and relies on notarial evidence
• Mandatory heirship rules apply (children have fixed minimum shares)
• Judges play an active role, can order expert reports and valuations

Common law countries (UK, US, Canada):

• Cases are filed in Probate Court or equivalent civil courts
• Greater role for oral hearings, discovery, and cross-examination
• Wills can be invalidated based on capacity, undue influence, or improper execution
• Spouses or children may claim reasonable financial provision, even if excluded

Lawyers must navigate both systems and help clients understand the tone, speed, and evidentiary thresholds involved.

Cross-border enforcement is a major challenge. For example, a judgment obtained in London ordering the redistribution of assets may not automatically apply in France. Reasons include:

• France may consider the ruling incompatible with French public policy
• Real estate in France must be dealt with under French succession law
• Enforceability depends on bilateral treaties or the EU Brussels IV regulation

In the absence of a mutual recognition agreement, lawyers must:

• Seek exequatur procedures (formal recognition) in the foreign jurisdiction
• Translate and certify documents
• Argue that the judgment is compatible with local law

Example: A Canadian trust distribution that bypasses forced heirship may be rejected by a French court.

Multijurisdictional estates trigger parallel proceedings, often leading to forum shopping or contradictory outcomes. Lawyers must act swiftly to:

• Secure local assets (e.g. freezing bank accounts, registering title holds)
• File in the jurisdiction with most favorable rules (lex successionis)
• Avoid conflicting rulings that leave heirs without clear remedies

They must also understand:

• Local tax rules and declarations
• Probate versus notarized succession procedures
• Coordination with notaires, executors, and trustees across countries

In both French and common law systems, it is common for:

• Heirs to disappear or become unreachable
• One heir to delay or block asset liquidation

In such cases, lawyers may:

• Petition for court-appointed administrators
• Publish notices and attempt legal service internationally
• Request court orders to proceed in absentia
• Freeze contested assets until final ruling

Special tools:

• In France: Judicial partition by licitation (court-enforced sale)
• In common law: Probate court orders for distribution without full consent

Yes! — this is increasingly common in families where one heir or executor:

• Withholds valuable property
• Manipulates accounting of the estate
• Transfers assets to offshore accounts

Lawyers may initiate:

• Civil claims for restitution and fraud
• Interim measures such as asset freezing (UK’s Freezing Injunction, French saisie conservatoire)
• Disclosure orders compelling banks or family members to reveal holdings

In international cases, this may also involve mutual legal assistance treaties and collaboration with tax authorities.

Business assets (e.g. family-run companies, partnerships, or shares) are particularly contentious. In France, forced heirship rules can disrupt business continuity by requiring shares to be split.

Lawyers help:

• Negotiate buy-out agreements
• Establish family holding companies or SCI (société civile immobilière)
• Draft company bylaws that anticipate succession and shareholder death
• Use valuation experts to avoid under- or overestimation during division

In common law jurisdictions, shareholder agreements and trusts may already contain succession clauses, but French courts will examine whether these arrangements comply with heirship laws.