A comparative analysis of succession law in relation to the reserved portion across civil law jurisdictions

Abstract

This dissertation presents a comparative analysis of reserved portion laws in Malta, France, Italy, and Germany, examining their historical foundations, legislative frameworks, and contemporary challenges. Reserved portion laws ensure that specific heirs, such as children and spouses, receive a legally mandated share of an estate, limiting testamentary freedom. Deep-rooted in Roman law traditions, these laws vary across jurisdictions in scope, enforcement, and flexibility. The study employs doctrinal legal analysis, comparative legal methodology, and the review of case law to evaluate how reserved portion laws have evolved and how they interact with cross-border successions under the EU Succession Regulation (Regulation (EU) No 650/2012). Findings indicate that while France and Italy maintain strict forced heirship rules, Germany and Malta have embraced greater flexibility, allowing testators to bypass forced heirship in certain cases. Recent legislative amendments in France (2021) have reinforced the reserved portion in cross-border estates, leading to tensions with the EU inheritance law. A key challenge identified is the impact of reserved portion laws on multi-generational wealth distribution, family businesses, and non-traditional family structures. Legal disputes often arise when testators attempt to disinherit heirs or allocate assets contrary to forced heirship rules, particularly in international succession cases. This study also explores emerging issues, such as digital inheritance, and the need for legislative clarity regarding cryptocurrencies and digital assets. Policy recommendations in this study focus on enhancing testamentary flexibility, harmonizing EU inheritance laws, and integrating modern considerations into succession frameworks. While the reserved portion laws continue to uphold principles of family protection, reforms are necessary to align them with evolving social and economic realities.