⚖️ Inheritance in France: Can Parents Exclude Their Children From Their Estate?
It’s a situation more and more parents face today. Some feel abandoned by children who no longer call or visit.
Others live in constant conflict, with arguments and distance replacing affection. Beyond the pain, one big question often arises: is it possible to cut children out of an inheritance?
In some countries like the United States 🇺🇸 or the United Kingdom 🇬🇧, parents can legally disinherit their children. But in France 🇫🇷, the rules are different.
The law gives children very strong protection, making it nearly impossible to exclude them completely. Still, there are a few exceptions and planning strategies worth knowing.
👶 The Rule of “Reserved Heirs”
French inheritance law is based on the idea of reserved heirs. Children automatically have a right to a minimum share of their parent’s estate, no matter how strained the relationship.
Here’s how it works:
- 👤 One child → entitled to 50% of the estate.
- 👥 Two children → entitled together to two-thirds, shared equally.
- 👨👩👧👦 Three or more children → entitled together to three-quarters, shared equally.
The part that remains is called the disposable share. Parents can use this portion however they like: give it to another child, a spouse, a relative, a close friend, or even a charity ❤️.
🚫 Why Estrangement Is Not Enough
Many parents wonder if cutting ties with their child is a reason to remove them from the will. Unfortunately, the law does not see it that way. Even years of silence, neglect, or indifference are not valid reasons for disinheritance.
The only exception is through a legal process called “indignity to inherit” (Article 726 of the Civil Code). This applies only in very serious situations, such as:
- 🔪 If a child attempts to kill their parent.
- 👊 If they physically abuse or mistreat their parent.
- ⚖️ If they falsely accuse their parent of a serious crime.
Even in these extreme cases, exclusion is not automatic. The parent must go to court, present proof, and obtain a judge’s ruling. Without this, the child still has a legal right to inherit.
🛠️ What Parents Can Do
Although the law blocks total disinheritance, there are several ways to plan ahead and shape how an estate is divided.
1️⃣ Use the Disposable Share
Parents can freely decide who receives the portion of the estate outside the reserved share. This can strengthen bonds with children who are supportive, or benefit friends, neighbors, or causes that matter to them.
2️⃣ Life Insurance Policies 💶
Life insurance is a very common tool in France. The money from such policies goes directly to a chosen beneficiary, outside inheritance rules. As long as the amount is considered reasonable, it’s a valid way to ensure someone specific receives support.
3️⃣ Legal Planning With a Notary 📜
Inheritance law offers other technical solutions:
- Donations during life (gifts made before death).
- Splitting property rights into usufruct (right to use) and bare ownership.
- Personalized legacies for friends, relatives, or organizations.
A notary can guide parents through these strategies to make sure their wishes are respected while staying within legal limits.
✅ The Bottom Line
In France, parents cannot fully exclude their children from inheritance just because of distance or conflict. The reserved share is legally protected. Only a court can remove a child’s rights, and only in rare cases of serious wrongdoing.
That said, parents are not powerless. By using tools like the disposable share, life insurance, and smart estate planning, they can still make thoughtful choices about their legacy.
👉 The best step is to consult a notary. They can explain all the options and help design an inheritance plan that reflects both the law and the parent’s wishes.
