Jarre v. France: forced heirship in the case law of the European Court of Human Rights—ERA Forum
Legal director Patrick Delas has contributed an article to ERA Forum examining how recent case law of the European Court of Human Rights has shaped the principle of forced heirship.
He explains that the principle has evolved through recent case law, such as in Jarre v. France, in which Jean-Michel and Stéphanie Jarre’s claim over their father's estate was dismissed on the basis they had "no unconditional right" to his property.
The réserve légale is deeply rooted in the general civil law tradition aiming at preserving family solidarity, preventing disinheritance and disputes. However, it is increasingly perceived as a constraint on individual freedom, particularly where the testator intends to favour a second spouse or a charitable cause. It appears ill adapted to blended families, international successions and modern expectations.
The full article is available to read here by subscription only.
Patrick Delas is a legal director in the french law team. He specialises in private international law, advising on French and cross-border estate planning, French probate and trust reporting.
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