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In France, Iranian succession law can be chosen — in Germany it is mandatory. The difference is planning.

France sits under the EU Succession Regulation: the last habitual residence governs, so as a rule French succession law — unless the deceased chose the law of their nationality by will (Art. 22 EuErbVO). The tool of practice is the certificat de coutume: the written statement of the content of Iranian law for notaries and courts.

This page describes the interface between Iranian and French law. It is not legal advice; French law is assessed by notaires and avocats.

Which law applies

No treaty as in Germany — instead the Regulation’s option to choose. And one French particularity at the end: the protection of reserved shares.

Residence, passport and the law of succession French law

Residence sets the default, the passport opens the choice — exactly the reverse of Germany.

Iranian passport, habitual residence in France, no choice of lawFrench succession law (Art. 21 EuErbVO) — for the whole estate under the Regulation.
Iranian passport with a choice of law by willIranian succession law (Art. 22 EuErbVO). That choice is barred in Germany — in France it is the central planning tool.
Dual Iranian-French nationalThe choice may fall on any nationality held — the Iranian one included.
The French limit. French law protects the children’s reserved shares; since 2021 it has known a compensation mechanism over French-situs assets where the applicable foreign law has no comparable protection. Whether and how it bites is examined by the notaire in the individual case — the choice of law is a tool, not a blank cheque.

Succession and the certificat de coutume

The French estate runs through the notaire — and the notaire works in writing. That is exactly what the certificat de coutume is made for.

The prélèvement compensatoire — and the question only Iranian law answers Both

Art. 913(3) Code civil, inserted by the Act of 24 August 2021 and applying to estates opened from 1 November 2021, gives each child a compensating claim over the French-situs estate — but only on three conditions: the deceased or at least one child is an EU national or habitually resident in the EU at death; there are assets in France; and — the decisive point — the applicable foreign law knows no reserve mechanism protecting children at all.

It is on that third condition that the Iranian case is decided — and it is not a question of French law. Whether Iranian succession law, with its statutorily fixed shares and testamentary freedom capped at one third, constitutes a "mécanisme réservataire protecteur des enfants" has to be answered out of Iranian law. The notaire cannot do that — it needs the statement, in writing.

What comes from me. Exactly that statement in the certificat de coutume: the Iranian shares with the provisions in the original and in translation, the limit of testamentary freedom, and the classification of whether and to what extent the Iranian system contains a protective mechanism for children. Applying Art. 913(3) to the individual case remains with the notaire.

Where it is needed Both

Whenever Iranian law reaches into the French process: succession after a valid choice of law; personal status and the validity of an Iranian marriage or divorce as a preliminary question; the position of an heir living in Iran; and the assets located in Iran that must be declared in the French proceedings but can only be transferred in the Iranian ones.

What comes from me. The certificat de coutume in French or English, with the Iranian provisions in the original and in translation; the legalised Iranian documents; and for the assets in Iran, the proceedings there through colleagues — determination of heirs, tax clearance, transfer of title.

Marriage, divorce, mahr

The commonest preliminary questions in French proceedings are Iranian: does the marriage exist? Does the divorce operate? What is the mahr?

The Iranian layer Iranian law

Validity and registration of marriage and divorce under Iranian law, with the documents from the Iranian registers; the mahr as a quantified claim from the marriage deed including its statutory adjustment; hezānat and velāyat where children are concerned — Iran is not a party to the 1980 Hague Child Abduction Convention. The French assessment is run by the avocat.

Documents and banking

Iran is not a party to the Apostille Convention — Iranian documents need the legalisation chain for France.

Chain and account Both

Translation, pre-certification in Iran, legalisation through the French mission — procedures and competences are checked against the current position before every step. Before French banks the same rule as everywhere in Europe applies: with an Iranian connection, the document decides the source of funds, not the statement. That layer comes from me; the banking-law lead sits with the French adviser.

Limit. No sanctions determinations, no funds through me, no acceptance of matters with listed parties — in any configuration.

Enquiries concerning France

Outline the matter briefly by email and state what is to be achieved. You will receive an indication of which part falls to be settled under Iranian law and which part needs a French notaire or avocat. Please do not send confidential documents in a first message.

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