Conflict between heirs in cross-border successions: Spain and France

 Conflicts between heirs can be complex and difficult, especially in the context of a cross-border succession involving different jurisdictions such as Spain and France. This article explores the main legal issues and solutions in cases where the last residence of the deceased, the residence of the heirs, or the location of the property is in Spain or France.

Causes of conflicts between heirs

Conflicts between heirs usually arise for a variety of reasons. The most common is usually the discrepancy in the distribution of property, a problem that can cause significant disagreements between the heirs. In Spain, the reserved portion requires that part of the estate be reserved for the reserved heirs (descendants, ascendants and spouse), with different nuances between the autonomous communities. In France, although there is also the reserved portion, the proportions and conditions can vary, which can lead to conflicts if the expectations of the heirs are not properly aligned.

Differences in the inheritance laws between Spain, France or other countries involved in the inheritance can also give rise to tensions. Conflicts of laws applicable to inheritance may arise, especially in the case of real estate, with significant tax implications, which can lead to conflict between heirs. This is despite the fact that both countries have signed a convention for the avoidance of double taxation and are subject to the regime established by Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of judgments, acceptance and enforcement of authentic instruments in matters of succession upon death and the creation of a European Certificate of Succession.

Legal Dispute Resolution Procedures

Mediation and Settlements

Mediation is an effective tool for resolving conflicts between heirs. This process allows for an out-of-court settlement that is satisfactory to all parties without the need to resort to the courts. Having the support of a mediator who specializes in cross-border successions can be essential to achieving a quick and satisfactory resolution. BCVLex has mediators and lawyers who specialize in assisting with mediation processes.

Notarial requirement

The notarial requirement allows an heir to formalize his or her rights and request the intervention of the notary to summon the other heirs to appear and make a decision, thus facilitating the negotiation and amicable resolution of the estate. This preventive measure aims to to avoid possible disputes. The notary must ensure that the law and the deceased’s wishes are respected. However, in the case of a cross-border inheritance in Spain or France, it is advisable to have the legal advice of a lawyer who knows both laws and can coordinate the action of the notaries who must intervene in each country.

Legal proceedings

In cases where an agreement cannot be reached, it may be necessary to go to court. Here, Regulation (EU) No 650/2012 plays a fundamental role in determining the applicable law and the competent court in cross-border inheritance cases involving Spain or France. It is important for heirs to have legal representation that specializes in private international law to effectively navigate the legal systems of the countries involved.

Recommendations for avoiding conflicts

Succession Planning

Succession planning is essential to avoid future conflicts. Wills and other planning documents should be drafted with the regulations of the relevant countries in mind and, if possible, with sound legal advice from each relevant jurisdiction.

Communication and transparency

Encouraging open and transparent communication between heirs can avoid misunderstandings and conflicts. Informing all heirs of succession decisions and legal implications can facilitate acceptance and cooperation.

Conclusion

Disputes between heirs in cross-border successions involving the last residence of the deceased, the residence of the heirs or the location of the assets in Spain or France, often pose a legal challenge. Succession planning and open communication are essential to effectively prevent and resolve these conflicts. In the event of a conflict, it is important to have early advice from lawyers who are familiar with the relevant legal systems, in order to resolve the estate as quickly as possible and avoid litigation as much as possible. BCV Lex, our teams in Bordeaux and Madrid are at your service and operate throughout France and Spain to defend your interests. Don’t hesitate to contact us.