Estate and private international law

For successions opened since 17 August 2015, EU Regulation No 650/2012 in principle designates the law of the State of the deceased's last habitual residence, applicable to the succession as a whole, even where that law is the law of a third State such as the United States. Renvoi mechanisms and the rules specific to each U.S. state may, however, complicate the analysis, particularly for immovable property.

Yes. The EU Regulation allows a person to choose, by will, the law of the State of their nationality. A dual French-American national may therefore choose either of their national laws. The choice must be express or clearly result from the terms of the will.

It depends in particular on the date of the marriage and on whether there is a marriage contract or a choice of law. For spouses married on or after 29 January 2019, EU Regulation No 2016/1103 applies; for those married between 1 September 1992 and 28 January 2019, the Hague Convention of 14 March 1978 applies. Absent a choice, the applicable law is often that of the spouses' first common habitual residence after the marriage. A case-by-case analysis is essential.

In principle yes, as regards its form. The Hague Convention of 5 October 1961, applied in France whatever the country concerned, recognises the formal validity of a will that complies, in particular, with the law of the place where it was made, or with the law of the testator's nationality, domicile or habitual residence. Its substantive validity and effects, however, are governed by the law applicable to the succession.

Yes, after exequatur proceedings before the tribunal judiciaire (court of first instance). The court checks that the dispute was clearly connected to the U.S. court seised, that the decision complies with French international public policy, both in substance and in procedure, and that it was not obtained by fraud. It does not review the merits of the dispute.