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The Question of the Week
Can you disinherit your children?
Publié le null - Directorate for Legal and Administrative Information (Prime Minister)
The question:
Service-public.fr's response:
The hereditary reserve is the part of the estate of a deceased who has resided habitually in France which must be returned to his descendants (or to the surviving spouse if the deceased does not leave any descendants). It requires him to pass on to his family at least half of his property if he leaves a child, two-thirds if he leaves two children, and three-quarters if he leaves three and more. It is therefore not currently possible to completely disinherit one's children.
Once the hereditary reserve is assigned, the remaining portion of inheritance is called the and the deceased may have made provision in a gift or will to award it to any person, family member or not (grandchildren, surviving spouse, neighbor, association, etc.).
FYI
The introduction of the hereditary reserve was intended to abolish the fact that only the eldest son could inherit and thus allowed each member of a family to access a share of the inheritance.
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