Can I disinherit my child?
No, not fully. French law protects children through the reserved portion: children are reserved heirs entitled to a minimum share of the estate that you can't deprive them of. You can freely dispose (by will or gift) only of the available portion, which depends on the number of children: half the estate with one child, a third to share with two, and only a quarter with three or more (the reserve then being three-quarters). So you can favour someone within the available portion, but not fully disinherit a child.
📋 The rules
- Children are reserved heirs (reserved portion)
- Available portion: 1/2 with 1 child
- Reserve = 2/3 (available 1/3) with 2 children
- Reserve = 3/4 (available 1/4) with 3 or more children
- Impossible to fully disinherit a child
🔓 Exceptions
- With no descendant: the spouse becomes a reserved heir (1/4)
- A child declared unworthy (crime against the deceased) can be excluded
- Gifts and life insurance: room for planning, within the reserve
⚠️ Penalties & fines
A will trying to disinherit a child beyond the available portion is reducible: the deprived child can bring an action for reduction to recover their reserved share. Gifts made to the detriment of the reserve can also be reduced at the time of succession. To plan your estate, it's better to consult a notary, who secures the gifts while respecting reserved heirs' rights.
📎 Official sources
- Service-Public.fr · Reserved heirs and reserve →
- Légifrance · Reserved portion (art. 912 ff. of the Civil Code) →
- Notaires de France · The reserved portion →
❓ Frequently asked
Can you disinherit your children in France?
No, not fully. Children are reserved heirs: they're entitled to a minimum share of the estate (the reserved portion). You can freely dispose only of the available portion.
How much can you pass on freely?
The available portion, which depends on the number of children: half the estate with one child, a third with two, a quarter with three or more. The rest is the reserve, which must go to the children.
Can you favour one child or a third party?
Yes, within the available portion. You can, by will or gift, favour a child, a relative or an outsider, but without touching the reserved share guaranteed to reserved heirs.
What if the will disinherits a child?
It's reducible: the deprived child can bring an action for reduction to recover their reserved share. Excessive gifts can also be reduced at succession. The reserve is a matter of public order.
Are there exceptions?
Yes: with no descendant, the surviving spouse becomes a reserved heir (a quarter). A child declared unworthy (e.g. for a crime against the deceased) can be excluded from the succession. Otherwise, the reserve applies.
🔎 Common searches
What people search to land here:
- “disinherit your child france”
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- “action for reduction succession”
- “reserved heir”