France art.913: the inheritance rule targeting Islamic succession that affects everyone
Knowledge Article · Inheritance & Estate Planning
France’s art.913: the inheritance rule that created conflict with Islamic succession
France’s 2021 amendment allows children to claim their French reserved share from French-situs assets — even where a foreign succession law was elected. Designed for Islamic succession law, it has affected Anglo-Saxon estates most.
In November 2021, France amended art.913 of the Civil Code to add a new compensation mechanism: where the deceased or any child is a French or EU citizen or resident, and the foreign succession law applicable to the estate does not provide equivalent reserved shares for children (réserve héréditaire), children can claim compensation from French-situs assets to restore their French forced share. This single provision is currently one of the most contested rules in French private international law.
Principle 01 — What art.913 does
The mechanism works as follows:
- The deceased elected a foreign succession law under EU Succession Regulation art.22 (e.g. UK law, US law, Australian law, or Moroccan/Islamic law)
- The foreign law does not provide children with reserved shares equivalent to the French réserve héréditaire
- The deceased or at least one child is a French or EU citizen or habitually resident in France or an EU member state
- In that case, each child whose French forced share has been impaired can claim compensation from French-situs assets (real estate, bank accounts, investments located in France)
Principle 02 — What it was designed for
The amendment was introduced specifically to address the situation of daughters in France whose inheritance under Islamic succession law (Moroccan Moudawana, Algerian Code de la Famille) is half that of their brothers — because sons receive double daughters’ shares under Sharia faraid. France’s Justice Ministry stated the rule aimed to prevent women losing their French-law inheritance rights due to “certain legal systems based on Sharia law.”
Principle 03 — Who it has actually affected most
Principle 04 — Current status and EU Commission ruling
Art.913 is directly in tension with EU Succession Regulation 650/2012, which expressly allows nationals of any state (including non-EU states) to elect their nationality’s succession law. A French law that overrides that election through a compensation mechanism may conflict with the Regulation’s objectives. The European Commission was expected to provide a ruling on compatibility but had not done so as of June 2026. The legal uncertainty is live.
Principle 05 — Interaction with art.750 ter (French succession tax)
Art.913 is a succession law provision — it governs who receives what from the estate. It is entirely separate from French succession tax under art.750 ter. Even where the art.913 compensation mechanism does not apply (e.g. because the deceased is not French or EU and neither are the children), French succession tax under art.750 ter may still apply. These are two independent mechanisms and must be analysed separately.
The planning challenge under current uncertainty: as long as the EU Commission ruling has not been issued, families with French-situs assets and foreign succession law elections face genuine legal uncertainty. The practical steps available: obtain specialist French and EU succession law advice; consider whether French-situs assets can be restructured; review whether the art.22 election in the will creates art.913 exposure; and document the rationale for any distribution decisions for French-situs assets.
Planning triggers — you should be reviewing this if…
- You own French real estate and have made or are considering an EU Succession Reg art.22 election of non-French law
- You are a UK, US, Australian, or Canadian national with a French property who has excluded or under-provided for any child in your will
- You are a Moroccan or Algerian national in France with children who have been advised they would receive different shares under Moudawana or Code de la Famille
- You have received succession planning advice in France that did not mention art.913 (2021)
Frequently Asked Questions
What is France’s art.913 inheritance rule?
Art.913 of the French Civil Code was amended in November 2021 to add a compensation mechanism: where the deceased or any child is a French/EU citizen or habitually EU-resident, and the applicable foreign succession law (elected or otherwise) does not provide children with reserved shares equivalent to the French réserve héréditaire, each affected child can claim compensation from French-situs assets. The mechanism allows children to recover their French forced share even where foreign law was elected under the EU Succession Regulation.
Does art.913 apply to UK nationals with French property?
Potentially yes, if UK law was elected (removing French forced heirship) and any child’s French reserved share has been impaired. The French Senate specifically noted art.913 has mostly affected Anglo-Saxon estates. If you are a UK national who elected UK law under EU Succession Regulation art.22 and your will excludes or under-provides for a child, that child may be able to claim their French forced share from French-situs assets under art.913. Specialist French legal advice is essential.
What is the EU Commission’s position on art.913?
As of June 2026, the European Commission had not issued a ruling on whether art.913 is compatible with EU Succession Regulation 650/2012. The Regulation expressly allows nationals to elect their succession law — an amendment that overrides that election through a compensation mechanism may conflict with the Regulation’s objectives. The legal uncertainty means families with French-situs assets face genuine uncertainty about how the rule applies to their estate.
Does art.913 apply to Islamic succession law?
Yes — the amendment was specifically designed to protect French-resident daughters whose inheritance under Moroccan Moudawana or Algerian Code de la Famille would be half of their brothers’ shares. Under Sharia faraid, sons receive double daughters’ shares. Art.913 allows a French-resident daughter to claim her French reserved share (réserve héréditaire) from French-situs assets even where Moroccan or Algerian law was elected or applies — effectively supplementing the Islamic distribution with a French law compensation payment.
Is art.913 the same as art.750 ter?
No — these are completely different provisions. Art.750 ter is a French tax rule about who owes French succession tax and on what assets. Art.913 is a French civil law rule about who has a right to receive a minimum share from the estate. Art.750 ter operates regardless of art.913. A UK national with French property may face both: French succession tax under art.750 ter (if French-resident heirs are involved) and art.913 compensation claims (if children’s French forced share has been impaired). Both must be assessed separately.
FAQs for educational purposes only. Not legal, tax or financial advice.
Related articles and guides
Ready to map your specific situation?
This article explains the principles. The simulator helps you understand how they apply to your residency, assets, and family structure.