Swiss inheritance with property in France
In case of an inheritance in Switzerland involving real estate located in France, several rules apply.
First of all, it is important to specify that the succession is governed by the law of the last domicile of the deceased.
Thus, if the deceased was domiciled in Switzerland, Swiss law will apply to his or her estate, even if the real estate is located in France.
Secondly, it is important to take into account the French law of succession. France applies a territoriality rule for real estate, which means that this property will be subject to French inheritance rules, even if Swiss law applies to the entire estate. In practice, this means that the heirs will have to comply with the French succession rules for real estate in France.
French inheritance rules differ from those in Switzerland, especially with regard to the reserve portion of the estate, which is the minimum share of the estate that cannot be taken away from a reserved heir.
It is therefore recommended that you be assisted by a notary or a lawyer specializing in French-Swiss succession to determine the rules applicable to your situation and to organize the succession in the best possible way, in particular to avoid conflicts between heirs and difficulties linked to the management of real estate located abroad.