2.1. Basic Rules

In the following section we summarise the basic statutory rules that apply in French inheritance law.

Three key points at the outset:

1. i. If you are resident in France these rules will apply to all your worldwide assets, save for real estate held abroad; if you are not French resident, they will apply to all real estate you own in France.
2. ii. The inheritance rights discussed below are those that apply in an intestate inheritance, or in the absence of prior inheritance planning measures being taken.
3. iii. Only that part of the estate belonging to the deceased is subject to inheritance laws, so in the case of a married couple, it will normally be 50% of their joint wealth.

We review firstly inheritance rights as they apply to children, and then as they apply to other relatives.

1. 2.1.1. Children
2. 2.1.2. Other Relatives
3. 2.1.3. Case Studies

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2.1.1. Children

The main point to grasp with French inheritance laws is that your children are specifically protected from being disenfranchised from the inheritance.

Accordingly, you cannot freely dispose of any part of la réserve, which must be held for your children. You are only free to dispose as you wish of the quotité disponible.

Somewhat bizarrely, a surviving spouse is not a protected hier, although, unless you take specific action to disherit them, they are entitled to a minimum of 1/4 of your estate.

The amount of la réserve and the amount freely disposable will depend on the number of your children.

The following table illustrates the entitlement children of the deceased receive under la réserve and the amount freely disposable.


Table: La Réserve

Inheritors	Réserve	Freely Disposable
Spouse	1/4 of estate	3/4 of estate *
One Child	1/2 of estate	1/2 of estate
Two Children	2/3 of estate	1/3 of estate
Three Children	3/4 of estate	1/4 of estate

*Only freely disposable in the absence of children, as they are protected heirs.

Thus, if you die leaving a surviving spouse and two children, the spouse will receive 1/4 of your estate and the children 2/3 of your estate, with the remaining 1/12th freely disposable, e.g. to your surviving spouse

If you die leaving no surviving spouse and two children, the children will automatically be entitled to 2/3 of your estate, and you are free to dispose as you wish of 1/3 of your estate.

Accordingly, it is possible to increase the rights of the surviving spouse, but this requires that some prior inheritance planning steps are taken to bring it about.

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2.1.2. Other Relatives

Your parents and other relatives are not protected heirs in the same manner as your children, so you can choose to disinherit any or all of them by making a will or a gift.

Nevertheless, in the absence of any inheritance planning being undertaken, they do retain some residual rights, as follows:

1. i. Ordinary Rights of Inheritance
2. ii. Right to Reclaim Gifts
3. iii. Family Heirlooms

i. Ordinary Rights of Inheritance

If you do not have children who succeed you, and if you do not otherwise disinherit your relatives by will or gift, they have ordinary rights of inheritance, as follows:


Table: Ordinary Rights of Inheritance

Relative	Entitlement
Father or Mother	1/4 of estate
Father and Mother	1/2 of estate
Brother and Sister	1/2 of estate

Thus, if you die leaving no surviving spouse or children, but one of your parents is still alive then, in the absence of inheritance planning measures having been taken by you, they will be entitled to 1/4 of your estate. Two parents alive, and their entitlement is 1/2 of your estate.

In the absence of any parents still alive, your brothers and sisters (or their children if they are deceased) have an entitlement.

Where both parents and brothers and sisters are still alive then, in the absence of inheritance planning measures having been taken, the parents and brothers and sisters will each inherit 1/2 of your estate.

ii. Right to Reclaim Gifts

In addition, whilst parents may not be protected heirs, in the absence of inheritance planning measures being taken, they have the right to reclaim gifts made to their deceased children during their lifetime.

This rule applies up to the value of the amount of their legal entitlement in an inheritance e.g. half of an intestate estate where there remains both parents still alive.

The definition of 'gifts' could included anything, from jewellery, a car, or even real estate.

iii. Family Heirlooms

There are special rules that apply to family heirlooms.

In the event that the deceased leaves family heirlooms (called biens de famille) and, in the absence of inheritance planning measures being taken, the brothers and sisters (or their descendants) of the deceased have the right to claim 1/2 of the heirlooms.

A surviving spouse receives the remainder.

‘Family heirlooms’ are defined as those having been transmitted to the deceased from the parents, either by way of gift or inheritance.

It could include anything from jewellery, a car, or even real estate if you inherited a property from your parents.

Where the deceased leaves only the family heirlooms then a surviving spouse is entitled to all of them.

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2.1.3. Case Studies

In the following pages we look at the basic inheritance rights in a little more detail as they apply to particular circumstances.

Of necessity, some of the information in each of these sections does repeat, so you need only go to that section in which you have an interest.

1. i. Surviving Spouse
2. ii. No Surviving Spouse
3. iii. Civil Partnerships
4. iv. Free Union
5. v. Divorced/Separated

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Next: Surviving Spouse