Inheritance Lawyers in France: Heirs, Wills and Estates

The inheritance rules in France (regulated under the French Inheritance Law) establish the manner in which an individual may dispose of his or her assets and property after death. Our inheritance attorneys in France can help you with an evaluation of the default distribution of your assets according to French law. We can also help you prepare a will in which you can state directions as per the division of assets.

Quick Facts
Succession line in France	– children, – grandchildren, – surviving spouse, – parents, – siblings, – nephews/nieces, – grandparents, – uncles/aunts, – cousins
Inheritance without a will	Property and assets are distributed to heirs following the legal order of priority established by law.
Division of real estate properties with no family members	Divided between the next surviving relatives (parents, siblings, etc.)
French Inheritance Law restrictions	Regardless of what's written in the will, if you buy a house in France and own it, a part of it (reserve) must go to the children or spouse.
Inheritance for unmarried partners	Unmarried/civil union partners don't automatically inherit assets acquired during the relationship. Partners may continue staying in the family home for up to one year after their partner's death.
Inheritance tax in France	French inheritance tax rates range from 0% to 60% based on the relationship between the deceased and the beneficiary (no tax for spouses/civil partners).
Inheritance Law for non-residents	Non-residents can choose between French Inheritance Law and their home country's laws for their French assets. Our lawyers offer guidance in this matter.
Requirements for inherited properties by minors	A succession can be accepted on behalf of a minor only up to the net assets (à concurrence de l'actif net), unless the assets clearly exceed the debts or a judge authorises otherwise.
Inheritance of family heirlooms	The deceased's siblings or their descendants can claim half, and the rest goes to the surviving spouse.
Gift reclaiming	Parents can take back gifts they made to a childless deceased (droit de retour), up to their 1/4 share each.
Distribution of property for childless couples	– entire estate for spouses (if the deceased parents are not alive); – 1/2 of estate to spouse & 1/4 for each living parent; – 3/4 of estate to spouse & 1/4 for only one living parent
Inheritance Law to estranged children	They have the same legal entitlement to inherit from their parents as their siblings; a will cannot remove their reserved share.
Inheritance Law to adopted children	They have the same inheritance rights as biological children of their adoptive parents. Exceptions may apply to biological children who have been adopted by new parents.
Inheritance planning (YES/NO)	Yes, our team of attorneys in France can assist you with planning your inheritance and ensuring your assets are distributed as you wish following French laws.
Assistance	Our law firm can help you navigate French inheritance laws, protect your assets, and address legal issues related to inheritance.

Who are the direct heirs under the French inheritance law?

TheFrench inheritance law stipulates that the testator’s children are the main, direct heirs, who have certain entitlements to the property. After them, the spouse has inheritance rights. All other family members are not directly protected by law, but can have inheritance rights under certain conditions. Our French law firmcan provide a detailed presentation regarding this matter.

Are there any inheritance law restrictions?

According to the Inheritance Law in France, regardless of the will specifications, a particular share of the deceased’s estate, which is also known as the reserve, needs to be kept for the children, or for the spouse in the case there are no children.

What are the reserve rules?

The reserve rulesgrant automatic inheritance rights for certain members of the family – children and spouse. The amount of reserve varies based on the number of children. In the list below, our French lawyers present the current rules:

the testator has 1 child – the reserve is 50% of the estate (the other 50% is freely disposable in accordance with the French inheritance law);
the testator has 2 children – in this case, the reserve is 2 thirds of the estate (1/3 remains freely disposable);
the testator has 3 children – the reserve must be ¾ of the estate (only 25% remains freely disposable);
the testator has a surviving spouse – the reserve is ¼ of the estate (the remaining ¾ of the estate can become freely disposable only in the case in which there aren’t any children).

Are all children entitled to inheritance rights in France?

Yes. Children resulted from the marriage, along with children outside the marriage, have the right to inherit the assets of a testator (they have equal rights). Also, the law protects the rights of adopted children; our inheritance lawyers in France can present more details.

We invite you to watch a video presentation with information about inheritance in France:

What are the rights of a spouse according to the French Inheritance Law?

The Inheritance Law in France clearly states that only married couples will be subject to asset distribution after a partner’s death. In the case of civil unions or unmarried couples, the surviving spouse will not have the right to receive the assets or properties acquired during the relationship.

What are the rules on inheritance for couples with no children?

The surviving spouse from a marriage with no children will inherit all the assets and properties. However, things change in the case the parents live, as they can receive ¼ of the assets. Though, the parents have no engrained rights of legacy, meaning that all the assets and properties can be received entirely by the surviving spouse, if a French marriage contract, gift, or will is made; you can rely on our inheritance lawyers in France for assistance on this issue.

Are there any legal ways through which civil union partners can benefit from inheritance rights?

Yes. The only ways in which the surviving partner of a civil union can have inheritance rights is if the testator mentions the person’s name in a will. Provided that there isn’t any will, the person will not have any inheritance rights as the current French lawdoes not regulate inheritance rights from partnerships.

What happens if there is no will?

In the case there is no written will, the rules of inheritance will apply, meaning that all the assets and properties will be distributed in respect with the provisions of the Inheritance Law in France.

Can I disinherit individuals?

Yes. It is possible to disinherit family members as long as you specifically mention this in your will. Please mind that you can disinherit any family member with the exception of your children, who are entitled to receive a part of your assets regardless of your desires. The same rule applies for your spouse, only as long as you do not have any children, but in rest, you can disinherit anyone else.

What happens if I signed a foreign will?

If you are also the national of a different country and you have signed a will following the inheritance rules of that country, you can opt to dispose of your life’s assets as per the rules of the respective law. However, even in this case, since November 2021 your children may, in certain cases, claim their reserved share via a compensatory levy (art. 913 Civil Code) in connection to your French assets.

Here is an infographic that explains more:

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Can foreigners in France inherit family assets in France?

Yes, there is no restriction regarding thefamily assets inheritance for foreigners. The sameFrench Inheritance Lawapplies in the case ofnon-residents in France. You can discuss more on this topic with our inheritance attorneys in France.

Can I solicit support for making a will in France?

Yes, you can benefit from complete legal counseling when making a will in France. We have a team of specialists who can explain the general rules about inheritance in France.

Is there an inheritance tax in France?

The French Inheritance Lawmentions that an inheritance can only be accepted up to the value of the net assets (unless a judge authorises otherwise) when a child under 18 years of age receives property in France. On the other hand, there is no inheritance tax on the first EUR 100,000 inherited by each child from each parent, and spouses and PACS partners are fully exempt.

Our inheritance lawyers in France can help you with more information about living in the country and the legal provisions for individuals. You can contact our law firm in France for more details and legal advice.