Explained: The basics of French inheritance rules
An overview of inheritance rights and procedures
In the absence of a will, the estate is divided among legal heirs, with children, spouses, and parents being the primary beneficiaries
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France’s inheritance rules determine how an estate is divided among heirs after a person’s death.
People who have reserved rights to a portion of an estate are known as héritiers réservataires (reserved heirs).
Typically, they include children and grandchildren, or if none are present, a surviving spouse.
The remaining portion of the estate that can be freely disposed of through a will is called the quotité disponible (disposable share).
In the absence of a will, the estate is divided among legal heirs, with children, spouses, and parents being the primary beneficiaries.
If there are no children or immediate family members, other relatives inherit in order of proximity.
Reserved heirs
Children, whether natural or adopted, have set minimum inheritance rights as héritiers réservataires.
This does not apply if you opt to make use of the law of your nationality via the EU regulation though this may be affected by the 2021 French law.
Stepchildren do not have reserved rights, but can still inherit through a will or life assurance policies.
If no will is made, the following distribution applies:
Only child: 50% of the estate.
Two children: Two-thirds of the estate, divided equally.
Three or more children: Three-quarters of the estate, divided equally.
If a child dies before their parent, their children (grandchildren) inherit the share their parent would have received.
Spouses and civil partners
A surviving spouse is considered a réservataire if there are no children or grandchildren. They must receive at least a quarter of the estate.
If there are children, the spouse can receive the quotité disponible or a life interest (usufruit) in the estate if it was stated in the deceased’s will.
A usufruit allows the surviving spouse to enjoy the benefits of the estate during their lifetime without full ownership rights. This can include living in or renting out property or receiving income from investments.
In cases of a life interest, if consent is given to sell the property, the usufruit holder is entitled to a portion of the sale proceeds. The rest goes to those entitled to the remainder (the nu-propriétaires).
If the family home is involved, the surviving spouse or civil partner may remain in the property for a year, rent-free, if it was a rented property.
In the case of property owned by married couples, the surviving spouse may continue living there for life unless explicitly stated otherwise in the will.
If you are unmarried, a will or assurance vie may help to provide for your partner as these rights do not apply unless you are in a legally-recognised partnership .
Inheritance without a will (intestacy)
Intestacy rules apply when there is no will and depend on marital status and whether there are children including from a previous marriage.
When a will has not been made and there is no spouse or direct descendants, inheritance goes to other family members in a recognised order.
Family pact (pacte de famille)
The pacte de famille is drawn up with a notaire and allows families to formalise inheritance decisions before death.
It is particularly useful when parents want to ensure their estate is distributed according to their wishes, including allowing certain heirs to waive their inheritance rights.
This pact can also prevent legal disputes over lifetime gifts.
Stepchildren and inheritance
Stepchildren are not recognised as blood relatives under French inheritance law though adopting stepchildren can make them héritiers réservataires.
If stepchildren are not legally adopted, they can still be named in a will or designated as beneficiaries of a life assurance policy.
Donation entre époux (gift to spouse)
The donation entre époux is a notarial deed that can be used to protect the surviving spouse, particularly where there are children from previous marriages.
It allows the surviving spouse to receive more than the basic quotité disponible, such as the usufruit of the estate or a larger portion in full ownership.
This donation can be revoked unless part of a marriage contract.
