What are the rules for inheriting?

Verified 11 janvier 2023 - Directorate for Legal and Administrative Information (Prime Minister)

Your situation

  • The deceased did not make a will
  • The deceased had children
  • The deceased was married
Edit

No will

Prioritization of heirs

When the deceased did not will, it is the law which designates its heirs and prioritize them. We're talking about legal devolution.

The heirs are classified in the following order, in the absence of a surviving spouse:

  1. Children and their families descendants (no distinction should be made between them, regardless of the relationship between the parents)
  2. The parents, brothers and sisters and their descendants
  3. The ascendants other than parents
  4. The collateral other than siblings and descendants of the latter

Each of these four categories constitutes an order of heirs that excludes the following. It is the heirs closest in degree of kinship who inherit and exclude others.

However, the rule of representation allows the descendants of a deceased heir to collect his share of the inheritance.

Special place of the spouse

The surviving spouse inherits in all cases. However, its share in the estate varies according to the following situations:

Please note

the husband also benefits from special right in his dwelling.

Tableau - Person with whom the deceased lived: right to inheritance

Situation of the person living with the deceased

Right to the estate of the deceased

Spouse

Yes

Spouse separated from body

Yes, except where the spouses waive their inheritance rights in their separation agreement

Ex-husband

No

Inheritance shares are allocated differently depending on whether the deceased has children's play or not.

Inheritance shares are allocated differently depending on whether the deceased leaves only children from the couple or not.

The deceased leaves only children from the couple

If the deceased leaves only children from the couple, the surviving spouse has the choice between the following 2 options:

  • Usufruct of the totality of the succession
  • Full ownership of the 1/4 of the succession

If the spouse chooses the usufruct of the entire estate, the children inherit the bare-ownership of the entire estate.

If the spouse chooses full ownership of the 1/4 from the estate, the children inherit the full ownership of the 3/4 of the estate.

Any heir may request, in writing, the surviving spouse to choose one of the 2 options. If the surviving spouse does not make known his or her choice in writing in the 3 months, the usufruct of the whole of the succession shall be attributed to it.

If the surviving spouse dies without having made his or her choice, he or she shall be deemed to have opted for usufruct of the entire estate.

The deceased leaves children uncommon to the couple

If the deceased leaves children that are not common to the couple, the surviving spouse inherits the 1/4 of the succession in full ownership.

In this case, children inherit 3/4 of the estate in full ownership.

Will

Reserving heirs

Some heirs cannot be excluded from the estate. These are the heirs reserving. They must receive a share of the deceased's inheritance: this is the hereditary reserve.

These are the children of the deceased and their descendants who are heirs.

If the deceased has not had a child, the heir to whom the reservation is made is the surviving spouse.

Available Quota

The hereditary reserve never represents the entire inheritance of the deceased.

The remaining part of the heritage is called the available quota. It can be distributed freely (to an heir or a third party) by the deceased in his will. 

Inheritance shares are allocated differently depending on whether the deceased has children's play or not.

The share of inheritance reserved for children is as follows:

  • The half property for 1 child
  • The 2/3 property for 2 children
  • The 3/4 property for 3 or more children

The available quota, i.e. the remaining part of the estate, may be freely assigned by the deceased in his will.

Example :

The deceased has a heritage of €200,000 and three children. His children will share 3/4 of this heritage either €150,000 in equal parts. Each child will therefore receive €50,000. The deceased can assign the remaining 1/4 either €50,000 to persons of his choice (heirs or third parties).

FYI  

parents have a right of return, that is, the right to take back the property they had given to their children before their death. The value of these assets is set off against the inheritance rights of the father and mother.

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
      • Lundi : de 08h30 à 17h30
      • Mardi : de 08h30 à 12h15
      • Mercredi : de 08h30 à 12h15
      • Jeudi : de 08h30 à 17h30
      • Vendredi : de 13h00 à 16h15

    Request a call

  • Notary

FAQ