What are the rules for inheriting? - Will

Verified 08 octobre 2024 - Directorate for Legal and Administrative Information (Prime Minister)

Your situation

  • The deceased made a will
  • The deceased had children
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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.

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.

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