EU change to wills law would overturn British tradition

EU change to wills law would overturn British tradition
(from the Sunday Telegraph 26.11.06)

Writing an errant child out of your will or leaving an apartment to a secret mistress would become illegal under legislation now working its way through the European Union machine.
The European Parliament has called for a common approach to the law on bequests and succession that would bring countries such as Britain more closely into line with those such as France where most of a deceased person's estate must be left to close relations. Adoption of the "reserved portion" principle, intended to safeguard the family, would turn Britain's ancient traditions on their head.

The legislation, written by the Italian MEP Giuseppe Gargani and approved by a big majority in the parliament plenary, is considered necessary because growing numbers of EU residents now hold assets, usually property, in another EU country. Each year there are up to 100,000 "transnational successions", which can become bogged down in the EU's differing national legal systems. MEPs want to establish common principles and a "European certificate of inheritance", valid across the EU, to remove difficulties heirs face in taking possession of property left to them.

The reserved portion principle was an essential tenet of public policy, Mr Gargani said. "A portion of the estate must necessarily be reserved for the closest relatives of the deceased." Solicitors in England (Scotland operates its own succession laws) said that the plan would be a "big departure". Roger Wilson, a partner with the law firm Malcolm, Wilson and Cobby, which specialises in wills and succession, said: "In England if you have an apartment you can leave it to your mistress but in France you cannot."

The reserved portion principle is common in countries, including Italy, that operate under the Napoleonic code.Jeremy Wilson, a partner with Clarkson, Wright and Jakes, said: "There could also be a problem with trusts as the Continental system doesn't recognise them."
Godfrey Bloom, MEP for the UK Independence Party, said: "Our system of wills has kept our agriculture viable. In France, because of their reserved portion law, farms have been broken into small, unviable pieces."