Parents left my brother a much more valuable property: what can I do?

My parents who lived in France died and left my brother their valuable main home and a smaller property to me. Is this fair? If not, what can I do?

When an inheritance is unequal, tensions often follow. French law provides a framework to ensure that children – héritiers réservataires – each receive a legally-protected minimum share of their parents’ estate, called the réserve héréditaire. This amounts to two-thirds shared equally if there are two. The remaining part – the quotité disponible – may be given freely to anyone.

So, if one child receives a much more valuable property the overall division must still respect each child’s reserved share. Note that substantial lifetime gifts are also taken into account.

The first step, if the share-out was subject to French law, is to check if the gift of the large house has caused you to receive overall less than you were due. 

This could also be the case if it has been undervalued, in which case you could ask for a re-evaluation by the notaire or an independent expert. If an unfairness is found you can ask for financial compensation known as a soulte.

It is best to seek an amicable solution through the notaire or a mediator in the first instance.

This is often faster, cheaper and, perhaps, less damaging to family relationships. If no agreement is reached, you may take the matter to court, usually within five years of the inheritance share-out or within two years of discovering the inequality. The assistance of an avocat specialised in inheritance law will generally be required.

The court may require that the party who received too much should compensate you for this.