Can you disinherit your children?

Verified 08 November 2021 - Directorate for Legal and Administrative Information (Prime Minister)

No, one person resident in France cannot disinherit his children. However, where the deceased was resident abroad, foreign law applied to his estate and some countries allowed the possibility of disposing of his children.

Video: Can you disinherit your children in your will?

Vidéo - Can you disinherit your children?
Credits : Public Service (DILA)

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

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The deceased was residing in France

The deceased cannot disinherit his children. This is the principle of hereditary reserve.

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

The remaining part of the heritage is called the available quota. The deceased may have planned in a donation or a will to allocate this share to the person of his choice (grandchildren, surviving spouse, neighbor, association, etc.).

The amount available depends on the number of heirs.

Tableau - Hereditary reserve and available quota

Number of children

Hereditary reserve

Available Quota

No children

Married deceased

1/4 (spouse)

3/4

Unmarried deceased

None

All

1

1/2

1/2

2

2/3

1/3

3 or more

3/4

1/4

Example :

You own €100,000 of property (movable and immovable) and you have 3 children. You want to give part of your inheritance to a friend. The available quota is 1/4 of €100,000, or €25,000. So you can pass it on €25,000.

The deceased was living abroad

Succession opened before 1 November 2021
Application of foreign law

When a French resident usually abroad, foreign law applies to his entire estate (movable and immovable property).

But some countries recognize the possibility of disinheriting one’s children.

The notary in charge of the succession or the judge seised by the heirs may refuse to apply the foreign law if it is contrary to public order. For example, the judge may prohibit an inheritance that does not respect the principle of equality between women and men.

Warning  

a foreign law that allows the possibility of disinheriting one's children is not necessarily contrary to public order.

Possibility of enforcing French law

A Frenchman residing abroad can apply French law to his estate. To do this, it must fulfill the following 2 conditions:

  • Have clearly expressed their will to apply the French law in a will valid
  • Be French at the time of writing of the will or at the time of his death

A Frenchman habitually resident in Belgium may therefore decide to have his estate governed by French law.

Succession opened from 1 November 2021
Application of foreign law

When a French resident usually abroad, foreign law applies to his entire estate (movable and immovable property).

But some countries recognize the possibility of disinheriting one’s children.

The notary in charge of the succession or the judge seised by the heirs may refuse to apply the foreign law if it is contrary to public order. For example, the judge may prohibit an inheritance that does not respect the principle of equality between women and men.

Warning  

a foreign law that allows the possibility of disinheriting one's children is not necessarily contrary to public order.

Children deprived by a foreign law may recover the equivalent on the estate's assets located in France. We're talking about compensatory levy.

In order for this compensatory levy to apply, all of the following conditions must be met:

  • The deceased, or at least one of his children, must be a national or habitual resident of a Member State of the European Union at the time of death
  • The foreign law applicable to the succession must not provide for provisions concerning the hereditary reservation. If foreign law ensures that each child has a right to a part of the estate, the compensatory levy will be inapplicable.
  • The estate must include movable property (e.g. furniture, jewelry, vehicles) or immovable property situated in France.
Possibility of enforcing French law

A Frenchman residing abroad can apply French law to his estate. To do this, it must fulfill the following 2 conditions:

  • Have clearly expressed their will to apply the French law in a will valid
  • To be French at the time of writing the will or at the time of his death.

A Frenchman habitually resident in Belgium may therefore decide to have his estate governed by French law.