Monaco's Solution For Reconciling Testamentary Freedom And Forced Heirship

The question of forced heirship is the subject of debate in many European countries, where opinions differ on how to reconcile the freedom to dispose of one's property with the protection of the interests of the heirs.

Monegasque law provides forced heirship rights to descendants, which varies according to the number of children, but grants no forced heirship rights to the surviving spouse.

Monegasque private international law deals with the question of forced heirship in a singular way, by making it subject to the national law of the deceased. However, this provision relies on a kind of legislative schizophrenia in article 63 of the Code of Private International Law, which creates legal uncertainty and makes the settlement of successions disproportionately complex.