Under French law, is it possible to disinherit relatives?

Following the death of a loved one, the question of how to pass on the deceased's estate can sometimes give rise to questions and even family conflicts. One of the most frequently asked questions is whether it is possible to disinherit one's loved ones. To help you with your estate planning, we'd like to tell you more about the hierarchy of heirs and the distribution of inheritances. This will give you a better understanding of French inheritance law, what it allows and what it prohibits.

How are inheritance rights organized in France?

French law provides a very precise framework for transferring ownership of a deceased person's property to his or her heirs. Articles 720 to 892 of the French Civil ^Code1 set out all these provisions. From these articles we can draw three basic principles relating to succession.

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1Legifrance , Code civil : Titre Ier, Des successions (Articles 720 à 892)accessed July 2023

The principle of succession

In France, if no will has been drawn up when the estate is opened, the deceased's assets are passed on according to the procedures laid down by law. An order of priority is used to define each person's share of the estate. 

The order of priority is made up of four orders: 

• Direct descendants: children and grandchildren ;
• Privileged ascendants or collaterals: brothers and sisters; 
• Ordinary ascendants: grandparents and great-grandparents ;
• Ordinary collaterals: uncles, aunts and cousins.

The principle of inheritance

The distribution of property is therefore based on the hierarchy of heirs. The presence of heirs of a higher order means no inheritance for the lower order. In other words, the children of the deceased take precedence over the brothers or sisters of the deceased. 

In the absence of testamentary provisions, the entire estate is generally divided equally among the heirs of the same order. 

The principle of hereditary reserve

This is a fundamental and very important principle, because it answers the question " Is it possible to disinherit your loved ones? ". Indeed, it provides a framework for inheritance and prevents a parent from disinheriting a child, since a minimum share of the inheritance is reserved for the heirs. 

More precisely, the hereditary reserve is defined as "the fraction of the deceased's patrimony which must obligatorily revert to the heirs reserving the right to inherit (descendants) or to the surviving spouse if the deceased left no descendants.²".

It should be added, however, that this reserve never represents the entire estate. The remaining portion of the estate, known as the "quotité disponible", is not affected by this limitation. It is therefore possible to freely dispose of this part of the estate and make a donation.

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2Public service, Can you disinherit your children?, 2021 

The concept of disinheritance under French law

Disinheritance simply does not exist in French law. It is therefore not explicitly defined. However, it is generally considered to be the act of voluntarily excluding one or more heirs from their share of the inheritance. 

Some countries allow you to disinherit your nearest and dearest. In the United Kingdom and the United States, for example, the principle of reserved inheritance does not exist. In theory, anyone has the right to exclude one or more heirs of his or her choice.

In addition, although the principle of reserved inheritance formally prohibits the exclusion of heirs, it is possible to modulate one's inheritance thanks to the available portion. The deceased may, for example, have planned to bequeath this free share of the estate to a reserved heir (to increase his share), but also to any other person of his choice. 

Furthermore, in the absence of descendants or a surviving spouse, anyone can draw up a will to bequeath their financial or real estate assets as they see fit.

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What is the inheritance reserve? 

The available portion depends on the number of reserved heirs. Thus, the greater the number of children, the lower the available share.
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Let's take an example to illustrate this principle and calculate the reserve: 

• Your assets total €100,000. You have four children, but you wish to give part of your estate to a third party. The available portion in this case is ¼ of €100,000. Consequently, you have the option of passing on a maximum of €25,000 to this third party.

Limits imposed by legislation

As we can see, even if you make a will, French law strictly regulates inheritance and prevents you from leaving nothing to your own children. This is illustrated by limits, sanctions and exceptions.

Protecting reserved heirs

The limit is that of the hereditary reserve, and even if you write your last will and testament, you cannot go against this fundamental principle. This protects the share reserved for the children and limits the rights of the surviving spouse. Once again, remember that you are free to dispose of the available portion, which is the remaining share and which varies according to the number of heirs entitled to reserve.

Penalties provided for by law 

Anyone who draws up a holographic will in disregard of this principle faces sanctions. Indeed, if heirs are harmed by such a will, they can take legal action to protect their rights. The offending will can then be simply annulled. 

The exception to the rule  

There is one case where this limit does not apply: forfeiture of inheritance. However, there are very few exceptions to this rule. For example, if an heir has wilfully caused the death of a deceased person, or attempted to do so, he will forfeit his inheritance. 

The need to prepare for succession

It is therefore forbidden to disinherit one's children completely in France. Even a gift between spouses cannot go against the rights of the heirs reserving the right to inherit. However, the principle of the "quotité disponible" (available portion) offers a certain freedom to the deceased. He or she can include in his or her will a provision for bequeathing this portion to the person of his or her choice.

The best solution is to prepare for your succession with the help of a notary. He or she can advise you on your rights and obligations. You will then be able to plan your succession in advance, so that everything runs smoothly after your death.

👉 Discover our article on unclaimed accounts.

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