Can you disinherit your children?
Verified 03 October 2023 - Directorate for Legal and Administrative Information (Prime Minister)
No, if you reside in France, you cannot disinherit your children.
However, if you reside abroad, foreign law applies to your estate and some countries allow the possibility of disinheriting your children.
Video: Can you disinherit your children in your will?
Vidéo - Can you disinherit your children?
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
You reside in France
You can't disinherit your children. This is the principle of hereditary reserve.
The hereditary reserve never represents your entire inheritance.
The remaining part of the heritage is called the available quota. You can plan in a donation or a will allocate this share to the person of your choice (your grandchildren, your surviving spouse, a neighbor, an association, etc.).
The amount available depends on the number of heirs.
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.
You reside abroad
The situation varies according to the date of the opening of the estate.
Application of foreign law
If you are French and you reside usually abroad, foreign law applies to your 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
If you are a Frenchman living abroad, you can apply French law to your estate. To do this, you must meet the following 2 conditions:
- Have clearly expressed your desire to apply the French law in a will valid
- Be French at the time of writing the will or at the time of your death
Example :
If you are a Frenchman who usually resides in Belgium, you can decide to apply the French law to your estate.
Application of foreign law
If you are French resident usually abroad, foreign law applies to your 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:
- You (the deceased), or at least one of your 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
If you are a Frenchman living abroad, you can apply French law to your estate. To do this, you must meet the following 2 conditions:
- Have clearly expressed your desire to apply the French law in a will valid
- Be French at the time of writing the will or at the time of your death.
Example :
If you are a Frenchman who usually resides in Belgium, you can decide to apply the French law to your estate.
Who can help me?
Find who can answer your questions in your region
For information
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.
For information
Notary
Hereditary reserve and available quota
Law applicable to successions
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