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What are the rules for inheriting?
Verified 08 October 2024 - Directorate for Legal and Administrative Information (Prime Minister)
One of your relatives has just passed away and you want to know if you inherit and calculate your share of inheritance? You have to distinguish 2 situations. If the deceased does not not made out of a will, inheritance shares are determined by the order of precedence of the heirs. If the deceased has makes a will, he must reserve part of his assets for certain heirs and may allocate the remaining part to persons of his choice. We present you with the information you need to know.
What applies to you ?
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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:
- Children and their families descendants (no distinction should be made between them, regardless of the relationship between the parents)
- The parents, brothers and sisters and their descendants
- The ascendants other than parents
- 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:
- Presence of other heirs on the day of death, particularly whether or not the deceased had children (common or not)
- Marital status of spouses (community reduced to acquisitions or marriage contract).
Please note
the husband also benefits from special right in his dwelling.
Marital status in relation to 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 had children or not.
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The deceased had children
The deceased was married
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 a choice between 2 options following:
- Usufruct of the totality of the succession
- Full ownership of the 1/4 of the estate.
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.
Warning
The spouse's share of the inheritance may be different if the deceased has made a gift to the last living.
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.
Warning
The spouse's share of the inheritance may be different if the deceased has made a gift to the last living.
The deceased was not married
His belongings go to his children.
Her children receive all of her belongings in equal parts.
If the deceased was living as a couple, his Civil partnership partner or cohabiting partner have no rights to his estate.
Situation of the person living with the deceased | Right to the estate of the deceased |
|---|---|
Civil partnership Partner | No, except in the case of a will or gift |
Cohabiting Partner | No, except in the case of a will or gift |
The deceased had no children
The deceased was married
The rules of inheritance differ depending on whether the parents of the deceased are alive or deceased.
Living parents | Inheritance of parents | Inheritance of the spouse |
|---|---|---|
2 | Half of the estate in full ownership is 1/4 each in full ownership | Half of the estate in full ownership |
1 | 1/4 of the estate in full ownership | 3/4 of the estate in full ownership |
None | Nothing | The entire estate |
Warning
The spouse's share of the inheritance may be different if the deceased has made a gift to the last living.
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.
FYI
If the parents are deceased, the surviving spouse does not inherit the property that the deceased received from his or her ascendants by inheritance or gift. It is the deceased's brothers and sisters who inherit it.
The deceased was not married
The situation of an unmarried deceased, with no children, is the same as that of a widowed or divorced deceased.
The settlement of the succession shall be different in the following cases:
The deceased has siblings
Living parents | Inheritance of parents | Legacy of siblings |
|---|---|---|
2 | Half of the estate in full ownership is 1/4 each in full ownership | Half of the estate in full ownership |
1 | 1/4 of the estate in full ownership | 3/4 of the estate in full ownership |
None | Nothing | The entire estate |
Sisters and brothers are divided up in equal parts. For example, if the deceased with one parent still alive had one brother and one sister, the brother and sister would 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, 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.
The deceased has no siblings
His property 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 his uncles, aunts, cousins and cousins (i.e. his collateral ordinary).
If no heir is alive, the State shall receive the succession.
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 did not have a child, the heir to whom the reservation is made is thesurviving 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.
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The deceased had children
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).
Warning
The amount available may be different if the deceased has made a gift to the last living.
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.
The deceased had no children
The heir to whom the reservation is made is the surviving spouse. 1/4 heritage is reserved for him.
The deceased will be able to allocate freely (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 to persons of his choice (heirs or third parties).
Warning
The amount available may be different if the deceased has made a gift to the last living.
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
For more information on this topic, you can contact Allô Service Public.
Attention: the service does not have access to users' personal files and cannot therefore provide information on their status.
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The informants who answer you are from the Department of Justice.
- Notary
Rights of parents in the absence of a successor spouse
Representation
Qualifications required to succeed
Order of heirs
Article 756 (rights of the successor)
FAQ
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