Inheritance: What is the rule of representation?
Verified 24 January 2022 - Directorate for Legal and Administrative Information (Prime Minister)
The representation rule allows certain family members of a deceased person to inherit in their place:
- Children of the deceased and their own descendants
- Brothers and sisters of the deceased and their own descendants
They say they come by representation.
Example :
Jean has 2 children: Michel and Sophie. Sophie has 2 children: Caroline and Bruno. Sophie dies before her father Jean. For the succession of Jean, Caroline and Bruno will represent their mother Sophie. They inherit from him, that is to say half of the estate, the other half coming to their uncle Michel.
FYI
the representation mechanism also applies when an heir renounces the estate and in case of inheritance indignity.
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
The informants who answer you are from the Department of Justice.
Cost: free service
Service available at the following times:
- Monday: 8.30am to 5.30pm
- Tuesday: 8:30 to 12:15
- Wednesday: 8:30 to 12:15
- Thursday: 8.30am to 5.30pm
- Friday: 1 p.m. to 4:15 p.m
- Notary
- Civil Code: Articles 751 to 755Rules on representation
- Inheritance: order and rights of heirsService-Public.fr
- Settlement of an estateService-Public.fr
- WillService-Public.fr
- Preparing your estate: donationService-Public.fr
- Inheritance tax - Assessment of inheritance and calculation of dutiesService-Public.fr