What are the rules for inheriting? - No will
Verified 08 octobre 2024 - Directorate for Legal and Administrative Information (Prime Minister)
Your situation
- The deceased did not make a will
- The deceased had children
- The deceased was not married
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.
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 |
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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