For parents living in France, or those with assets there, a common and often painful question arises: what can you do if you are estranged from your children? In many countries, it’s a straightforward matter of writing them out of your will. But French law operates very differently, placing a strong emphasis on protecting the rights of direct descendants. The system can be surprising to those from more flexible legal backgrounds, and understanding its nuances is crucial for any estate planning.
The cornerstone of French inheritance law is the concept of “réservataires,” or reserved heirs. This means your children have an automatic and inalienable right to a predetermined portion of your estate, regardless of your personal relationship. The size of this reserved portion depends on how many children you have. If you have one child, they are legally entitled to half of your estate. With two children, they must collectively receive two-thirds, split equally. For three or more children, their reserved share is three-quarters of the estate, divided amongst them. It is only the remaining portion, known as the “quotité disponible,” that you are free to leave to anyone you choose, be it a friend, a charity, or a spouse.
A common misconception is that a broken relationship is grounds for disinheritance. In the eyes of French law, years of silence, neglect, or simple conflict are not sufficient reasons to strip a child of their legal inheritance rights. The only way to fully exclude a child is through a complex and rare legal process called “indignité successorale.” This requires going to court and proving the child has committed an extreme act against you, such as attempted murder, serious physical abuse, or making a false accusation of a grave crime. Without a successful court judgment, their right remains intact.
However, parents are not without options. While you cannot remove a child’s reserved share, you can use strategic tools to direct your legacy. The disposable share can be used to benefit those who have been present in your life. A very popular and effective method is underwriting a life insurance policy, as the payout typically bypasses standard inheritance rules and goes directly to a named beneficiary. The best course of action is to consult with a French notaire. They are legal experts in family law who can guide you through these options, helping you create a plan that respects the law while honoring your personal wishes as much as possible.
