Probate vs Succession in Civil Law Jurisdictions – Foreign Law Certificates Explained
Oct 10, 2025Did you know? In civil law jurisdictions such as France, there is no legal concept of “probate” or a “grant of probate” as understood in common law systems.
Under civil law, succession (transmission of assets on death) is handled through statutory procedures via a notary or equivalent, rather than via a court-issued grant as in common law jurisdictions.
This difference can cause real friction when you try to use an Australian grant of probate in a civil law country. In many cases, the foreign authority will not recognise or accept your Australian grant on its own. Instead, you may need a Foreign Law Certificate (or legal opinion/notarial certificate of foreign law) to accompany it.
Why is a Foreign Law Certificate needed?
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Bridge the legal systems gap
A Foreign Law Certificate provides a statement (often legal/opinion or notarial) as to how Australian law views the validity of the grant, how the executor is authorised, and whether there are any restrictions or conditions. The foreign authority (the civil law notary, registry, or court) may rely on that certificate to accept your instrument. -
Demonstrate compliance with local formalities
The certificate may explain that the Australian probate was properly issued, that due process was followed, that the testator had capacity, notices were given, etc. Some civil law notaries will also want confirmation that the foreign instrument is final, incontestable, and not subject to further appeals. -
Authenticate and legalise documents
The Australian grant (and the Foreign Law Certificate) may need to be authenticated (e.g., via apostille or legalisation) before the foreign authority will accept them.
Practical example: France
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In France, there is no grant of probate — succession passes automatically to the heirs, subject to French law and formalities handled by a notaire.
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If an Australian (or other foreign) national dies owning property or rights in France, the French notaire will typically require all relevant documents (wills, death certificates, proof of heirship) and may insist on a local certificate of foreign law to support the foreign documents.
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Moreover, French forced heirship rules apply, certain portions of the estate are reserved to children by French law, regardless of a will made elsewhere.
Thus, even if the Australian grant is valid and accepted under Australian law, the French authority will be sceptical unless they can see what the foreign law says. The Foreign Law Certificate is your “teller” that says, “Here is how the Australian law works in this case; here is the status of this document; here is what the executor may and may not do under Australian law; here are any limitations.”
Key steps and considerations
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Task
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Why
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Tips / Risks
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Obtain the Australian grant or letters of administration (full, certified copy)
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That is the primary document you will show to the foreign authority
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Must be the final version, sealed/endorsed, and include any marginal references and recitals
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Prepare the Foreign Law Certificate / Opinion
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To explain the Australian legal framework and confirm the status of the grant
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Should be prepared by a practitioner who understands both Australian succession law and the needs of civil law systems
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Notarise the certificate / attach a notarial certificate
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Foreign authorities often prefer documents bearing a notarial certification (public form)
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Use authentic / public form where possible, not just private endorsements
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Legalise or Apostille
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To allow the certificate and grant to be used abroad
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If the country is Party to the Hague Apostille Convention, an apostille may suffice. Otherwise, consular legalisation may be needed.
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Translate into the destination language (e.g. French)
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So that the foreign notary or registry can read it
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Use a certified translator; often the translator’s affidavit or certificate is also required
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Confirm acceptance with the foreign authority in advance
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Requirements vary significantly
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Some French notaires may demand particular formats, recital wording, or additional documentation
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