Can you disinherit your children?

SMS Conversation:

- Any news on your uncle's estate?

- He put in his will that he would attribute all his inheritance to me

- And his children? He doesn't want to give them anything?

- No...

- Does he have the right?

- Yes. And his wishes will have to be respected

Conventional wisdom: “I can disinherit my children in my will.”

FALSE

Expert answer: It's a received wisdom!

If you reside in France, you cannot disinherit your children in your will, that is to say exclude them from your estate.

They are heirs and reserving. This means they must receive a share of your inheritance.

But that "reserved" part of your heritage never represents the whole legacy.

The remaining part of the assets is called the available share.

This available portion can be distributed freely to whomever you wish.

So you're probably wondering how much of the inheritance represents the hereditary reserve and how much is available?

Let's take a closer look at how much of your will should be reserved for children:

· If you have 1 child, half of the property must go to him.

· If you have 2, it will be two-thirds of the assets.

· If you have 3 or more children, three-quarters of the property will be reserved for them.

You can assign the remaining portion of the assets to the people of your choice. Including one of your children.

Let's take an example to better understand:

You have a heritage of 200,000 € and 3 children. As we have seen, in this case, your children will share three quarters of the heritage, or, in our example, 150,000 € in equal shares. Each child will therefore receive €50,000. You can allocate the remaining quarter, or €50,000, to people of your choice, whether they are heirs or third parties.

Attention: if you live abroad, this distribution is not valid. It is the law of the country that applies to your entire estate, both for your movable and immovable property. And some countries recognize the possibility of disinheriting one’s children.

Find out more about your situation on Service-Public.fr.

Key Points

- In a will, you cannot exclude your children from your estate

- Your children are heirs and are required to receive a share of your inheritance

- This reserved share never represents your entire inheritance

- the remaining portion can be distributed freely