Seven years after his death, courts must determine whether he lived in France or Morocco to settle his estate
A succession involving heirs and assets in France and Morocco has been on hold at the Nice court since a man died in 2019. To resolve the dispute, the court has tasked a professional with reconstructing the deceased man’s movements and habitual place of residence.
On one side are heirs based in Morocco. On the other are relatives and a company seeking the appointment of an administrator to manage the estate left by the deceased. The parties ultimately agree to the appointment, but disagree over what the professional will be allowed to do.
On Bladi.net : French Court Applies Moroccan Law to Inheritance of French Man Who Lived in Morocco
The main obstacle lies elsewhere: should French or Moroccan law apply? The notary handling the succession in France has been unable to resolve the disagreement. The answer depends in particular on the country where the man habitually lived at the time of his death, under the European Succession Regulation.
The fact that proceedings are taking place in Nice does not, on its own, determine which law applies. The presence of assets in France may allow a French court to examine an international succession, without French law necessarily governing the inheritance.
In its ruling of October 16, 2026, the court appoints an independent estate representative. The representative has a specific assignment: reconstruct the man’s stays in France and Morocco to help determine which of the two countries’ laws should apply.
His medical records will be examined
Hospital records, correspondence with doctors, tax and administrative documents: the representative must gather evidence that will establish the nature, duration and frequency of the man’s stays in each country. The representative will submit a detailed report to the court and each of the heirs.
The representative must also compile an inventory of the real estate and movable property located in both countries, search for bank accounts and protect the estate. The succession includes, among other things, 106 shares in a company. In the absence of a certificate of inheritance, the representative’s powers are limited to preservation measures and day-to-day management.
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There is also an instruction concerning taxes: the representative may neither file an inheritance tax return in France nor pay the corresponding duties until a judge has ruled on the deceased’s habitual residence and the applicable law. The ruling specifies that any penalties will be borne by the estate.
The court gives the representative one year, renewable, to carry out the assignment. Before the inheritance can be divided, the path of the person who left it must therefore be reconstructed.
