Can you disinherit your children? The reserved portion of the estate in French law

If French law applies to your estate, you cannot disinherit your children. A portion of your estate, known as the reserved portion, is automatically allocated to them. This portion is 1/2 with one child, 2/3 with two children, and 3/4 with three or more children. The remainder, the disposable portion, can be given or bequeathed to whomever you choose.

This page deals with the reserved portion, the disposable portion, challenges by heirs, inheritance agreements, foreign law, and unworthiness. It does not address the time limit for bringing an action for reduction, the consideration of previously made gifts in calculating the reserved portion, life insurance, or the situation of adopted children or children born out of wedlock.

The reserve and the disposable portion

The reserved portion is the part of the deceased's estate that must legally go to their legal heirs. The disposable portion is the part you can freely give away, either by gift or by will.

The forced heirs are the children and their descendants. If there are no children, the surviving spouse is a forced heir. They cannot be excluded from your estate: the law grants them a minimum share.

The reserved portion does not cover the entire estate. For example, according to the official information sheet: with €100,000 in assets and three children, the disposable portion is €25,000, which you can pass on to a friend.

The number of children affects the free portion: the more there are, the smaller the available portion becomes, down to 1/4 from three children onwards.

What happens if you exceed the available portion?

A will or gift that exceeds the disposable portion can be challenged by the forced heirs at the time of the estate settlement. This legal action is called an action for reduction.

The spouse, when he is the sole forced heir because you have no children, has the same recourse if he has not received a share equal to his reserved portion.

The time limit for taking action is not addressed here: the official document consulted does not provide it. It should be verified with a notary before any decision is made.

The inheritance agreement: waiving the right to contest the inheritance while the parent is still alive.

The law provides for a specific mechanism: the inheritance agreement. A presumptive forced heir can waive in advance the right to contest a gift that would infringe upon their reserved portion.

The conditions described in the official document:

• The heir must be of legal age and of sound mind; an emancipated minor cannot renounce the inheritance; ;
• the deed is authentic, signed before two notaries, one of whom is appointed by the departmental chamber of notaries; ;
• the donor or testator also signs the pact; ;
• It can cover part or all of the reserve.

An heir who renounces their inheritance remains an heir. Only their right to contest it is relinquished.

The agreement can be annulled in court, with a lawyer, in three cases:

• the person whose heir who has renounced their inheritance is not fulfilling their maintenance obligations towards them; ;
• the heir who renounced is in financial difficulty on the day the succession is opened; ;
• the beneficiary of the pact was found guilty of a crime or offense against the heir who renounced it.

Each request must be made within one year. The starting point differs depending on the case: the day the person ceases to fulfill their maintenance obligations, the day the estate is opened, or, for a crime or offense, the day of the events or the day the heir became aware of them.

The case where a foreign law applies

Some countries allow disinheritance of children. The official information sheet states that if you reside in France, French law generally applies, and if you reside abroad, foreign law generally applies. A notary or judge may disregard a foreign law that is contrary to public policy. The sheet clarifies that a law allowing disinheritance is not necessarily contrary to public policy.

The choice of the law of one's nationality

You can choose to have the law of your country of nationality applied rather than that of your residence. This must be clearly stated in a valid will. The information sheet gives the example of a French citizen residing in Belgium who chooses French law.

The compensatory levy

For estates opened on or after November 1, 2021, children disinherited by foreign law may, under certain conditions, recover the equivalent value from assets located in France on the date of death. Two conditions are outlined in the information sheet:

• the deceased, or at least one of his children, must be a national or habitual resident of a Member State of the European Union at the time of death; ;
• The foreign law applicable to the succession must not provide for a reserved portion mechanism protecting children, even if different from the French reserved portion.

The information sheet refers to a letter from the European Commission dated June 4, 2026, regarding the interpretation of this mechanism. This page draws no conclusions from it. For assets divided between France and another country, the applicable law and its effects must be verified before drafting a will.

Indignity: Can a child be excluded?

Unworthiness is a case provided for by law, which does not depend on your will. It implies a conviction.

• Exclusion by operation of law : an heir convicted of a criminal offense for murder or attempted murder of the deceased, or for violence resulting in his death without intent to kill, is excluded from the inheritance.
• Exclusion requested by another heir It can target an heir convicted of, for example, torture, acts of barbarity, intentional violence, rape or sexual assault against the deceased, perjury against the deceased in criminal proceedings, failure to assist a deceased person threatened with a crime or offense against their physical integrity resulting in their death, or a false accusation against the deceased. The application is made by summons before the judicial court of the deceased's last residence, with legal representation, within six months of the death or conviction, as applicable.

The excluded heir must return any assets and income received. Their descendants are not excluded. The deceased may, after the fact and with knowledge of the circumstances, exonerate the disinherited heir in their will.

Numerical example (fictitious profile)

Situation. Marc, 68, is divorced and the father of two children. He lives in France, and French law applies. His estate is estimated at €900,000 at the time of his death (hypothetically), with no prior gifts (hypothetically). He wishes to leave everything to a close relative who is not his legal heir.

Issue. Can his will exclude his two children?

Strategy. Apply the official table: with two children, the reserve is 2/3 and the disposable portion is 1/3.

Result.

Marc can bequeath €300,000 to the person of his choice. The remaining €600,000 goes to his children as their reserved portion. If the will covered the entire amount, the children could challenge it through a reduction action.

With three children and the same assets, the reserved portion would be €675,000 and the disposable portion €225,000. Without children and unmarried, the entire €900,000 would be available.

This profile is fictitious. The figures illustrate the calculation and do not reflect your specific situation. Inheritance tax payable by the beneficiary is not calculated here.

What changes depending on your situation

• The number of children : it determines the reserve and the disposable portion.
• Your marital status : in the absence of children, being married or not changes the reserved portion.
• The applicable law : residence in France or abroad, choice of the law of your nationality.
• The inheritance agreement : it requires the commitment of the forced heir, signed before two notaries with the agreement of the donor or the testator.
• The composition of your assets and any gifts already made : not addressed here, to be examined with a notary.

The rule depends on your situation. No results are guaranteed.