Inheritance rules: deceased who did not have children

Verified 07 February 2024 - Directorate for Legal and Administrative Information (Prime Minister)

One of your relatives who had no children just passed away. Want to know if you inherit and calculate your inheritance share? When the deceased has not made out of a willHowever, the settlement of his estate depends on his marital status. When the deceased made a will, he must reserve part of his assets for his spouse. It can allocate the remaining part freely (to an heir or a third party). We present you with the information you need to know.

No will

If the deceased was married, her property goes to her parents and her husband.

If the deceased were not unmarriedSo his property goes to his parents, and to his brothers and sisters.

Inheritance shares are allocated differently depending on whether the deceased was married or not.

Please note

The part of the spouse presented here concerns the matrimonial property regime of the community reduced to acquisitions. It may be different if the spouses have entered into a marriage contract.

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Married deceased

The rules of inheritance differ depending on whether the parents of the deceased are alive or deceased.

The deceased's two parents are alive

The deceased's parents inherit the half of the estate. The deceased's husband inherits theother half.

FYI  

parents have a right of return, that is to say, the right to take back the property they had given to their child before his death.

1 parent of the deceased is alive

The deceased's parent inherits1/4 of the estate. The deceased's husband inherits the 3/4 of the estate.

FYI  

parents have a right of return, that is to say, the right to take back the property they had given to their child before his death.

The deceased's parents have died

The deceased's husband inherits the whole estate.

Unmarried deceased

The rules of inheritance are different depending on whether the deceased has siblings.

The deceased has siblings
The deceased's two parents are alive

The deceased's parents inherit the half of the estate. The deceased's siblings inherit theother half.

The division between brothers and sisters is done equally.

Example :

If the deceased has 1 brother and 1 sister, they will each be entitled to 1/4 of the estate.

Half-brothers and half-sisters have the same rights as siblings.

FYI  

parents have a right of return, that is to say, the right to take back the property they had given to their child before his death.

1 parent is alive

Parent inherits from1/4 of the estate. Brothers and sisters inherit 3/4 of the estate.

The division between brothers and sisters is done equally.

Example :

If the deceased has 1 brother and 1 sister, they will each be entitled to 3/8 of the estate.

Half-brothers and half-sisters have the same rights as siblings.

FYI  

parents have a right of return, that is to say, the right to take back the property they had given to their child before his death.

The deceased's parents have died

The deceased's siblings inherit the whole estate.

The division between brothers and sisters is done equally.

Example :

If the deceased has 1 brother and 1 sister, they will each be entitled to half of the estate.

Half-brothers and half-sisters have the same rights as siblings.

The deceased has no siblings

The property of the deceased goes to his ascendants: parents, grandparents, great-grandparents.

First, the estate is divided into 2 equal parts that go to each parental branch (maternal and paternal).

Next, the heirs are determined by branch going from 1re generation to the most distant generations.

If no ascendant is alive, the succession goes to the uncles, aunts, cousins and cousins of the deceased.

If no heir is known, the succession is declared vacant.

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.

In the absence of a child, it is the spouse of the deceased who is the heir-reserving.

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.

The deceased must reserve 1/4 from her heritage to her husband.

It can freely allocate (for the benefit of an heir or a third party) the 3/4 remaining in his will.

Example :

The deceased has a heritage of €200,000. Her husband will receive €50,000. The deceased may assign the €150,000 remaining to persons of his choice (heirs or third parties).

FYI  

parents have a right of return, that is to say, the right to take back the property they had given to their child before his death.

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