Can I disinherit my children in Luxembourg?
No: in Luxembourg you cannot disinherit your children. The Civil Code protects descendants through the reserved share — the part of the estate that must go to them. You may freely dispose only of the disposable portion. And it shrinks as children multiply: the reserved share is one half with one child, two thirds with two, three quarters with three or more. With three children, you can therefore freely leave only a quarter of your estate. The myth "I make my will as I please" is false the moment you have children. A crucial nuance: a will that exceeds the disposable portion is not void — it stands if the reserved heirs do not claim their share through an action for reduction. Earlier gifts also count in the calculation.
📋 The rules
- Descendants are reserved heirs: the law forbids depriving them of their reserved share.
- The reserved share is 1/2 with one child, 2/3 with two children, 3/4 with three or more.
- The freely transferable part, the disposable portion, is the inverse: 1/2, 1/3, then 1/4.
- A will or gifts that eat into the reserve can be reduced at the request of the reserved heirs (action for reduction).
- Gifts made during one's lifetime are brought back into the calculation of the reserve and the disposable portion.
🔓 Exceptions
- A reserved heir may choose not to claim their share: a will that eats into it then remains valid in fact, for want of an action for reduction.
- The EU Succession Regulation lets a resident choose the law of their nationality to govern their estate, which can alter the reserve — within the limits of public policy.
- Where there are no descendants, the rules change: forced-heirship protection does not apply in the same way, and the disposable portion is wider.
⚠️ Penalties & fines
Here there is no fine, but heavy civil consequences. A will that exceeds the disposable portion is not automatically void: it becomes reducible, and each reserved heir can demand that the excess legacies and gifts be brought back to their reserve. Lifetime gifts are folded back into the calculation; a favoured child may have to compensate the others, or even return the asset received. The notary handling the estate must respect the reserve: a division that ignores it invites challenge and a blockage of the settlement. These disputes are time-barred, but while the period runs they can reopen an estate thought to be closed. In a cross-border setting, a choice of law adds complexity that, poorly anticipated, costs dearly in litigation.
📎 Official sources
- Guichet.lu · succession with a will (official portal) →
- Legilux · Civil Code (reserved share and disposable portion) →
- European e-Justice Portal · succession in Luxembourg →
❓ Frequently asked
Can I really leave nothing to one of my children?
No: each child is a reserved heir entitled to a minimum share of the estate. You can favour someone within the limit of the disposable portion, but you cannot remove a child's reserved share against their will.
What share can I freely pass on if I have two children?
With two children, the reserved share is two thirds of the estate and the disposable portion one third. You can therefore freely leave that third to the person of your choice, the rest going to your children.
Is a will that exceeds the disposable portion void?
No, it is not automatically void: it stands if the reserved heirs do not challenge it. If they claim their share, the excess legacies are reduced to rebuild the reserve, through an action for reduction.
Do gifts I made during my lifetime count?
Yes: gifts are brought back into the calculation of the reserve and the disposable portion at death. A child who received more than their share may have to compensate the others to restore the balance between reserved heirs.
Can a foreigner living in Luxembourg avoid the reserve?
The EU Succession Regulation allows you to choose the law of your nationality to govern your estate. That choice can set aside the Luxembourg reserve, but it has limits based on public policy and deserves notarial advice.
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