When a deceased person leaves assets or heirs in both France and Tunisia, two legal systems may claim the estate. A few questions shape the strategy before any step is taken.
Which nationality, which residence?
On the French side, EU Regulation No 650/2012 applies in principle the law of the last habitual residence, unless the deceased chose the law of their nationality. On the Tunisian side, the Code of Private International Law applies the national law of the deceased. The two answers may differ.
Where are the assets?
Real estate, bank accounts and company shares: where each asset is located determines which authorities are competent and which formalities apply.
Is there a will or earlier deed?
A will, a gift or a choice of law made during the deceased's lifetime can change the analysis. Its validity must be assessed under each legal system concerned.
Who are the heirs, and where do they live?
The rules on who inherits, and in what shares, may differ between the two systems. The heirs' places of residence also affect the procedure.
What steps in each country?
Notarial settlement in France and establishment of the deeds of devolution in Tunisia must be coordinated, to avoid contradictory decisions and duplicated costs.
A cross-border estate is rarely settled in one place. Mapping the applicable laws and the assets at the outset avoids most later disputes.
This content is general information and does not constitute legal advice.