Inheritance rules: deceased with children

Verified 05 October 2026 - Public Service / (Prime Minister)

To whom is the property of a person who had children transferred when he or she dies? When the deceased did not make a will, his property goes to his descendantsand to her husband if he was married. When the deceased made a will, he must reserve part of his estate for his descendants. He can allocate the remaining part freely (for the benefit of an heir or a third party). We present you the information to know.

No will

The heirs are the descendants of the deceased.

The surviving spouse also inherits in all cases.

Children

All children have the same rights in the estate. The sharing is done between them in equal parts.

Example :

If the deceased had two children during his marriage, one of them with a woman other than his wife, each child will receive half of his father's property, after the share allocated to the wife.

If the child has been adopted, the rights of the child differ depending on whether the child has been adopted simple adoption or plenary adoption.

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Simple adoption

The adopted child inherits the two families, i.e. from his family of origin and his adoptive family.

The adopted child has the same rights in the succession of his or her adoptive parents as his or her unadopted siblings.

Plenary adoption

The adopted child has the right to inherit from his or her adoptive parents. He has the same rights in the estate as his unadopted siblings.

However, this adoption causes him to lose his rights to the inheritance of his biological parents.

Grandchildren

In principle, a grandchild does not inherit from his grandparents.

However, he inherits by representation, i.e. in place of his parents, in the following 3 cases:

  • Sound parent died
  • His parent renounces the succession of his own parent
  • His parent is unworthy to succeed.

Spouse, Civil partnership partner or common-law partner

The husband of the deceased inherits in all cases.

However, its share of the estate varies according to the matrimonial property regime of the spouses (community reduced to gains or marriage contract). Its share also varies depending on the presence of children common to the couple or not.

Please note

The husband also benefits from a special right to housing.

However, the partner of Civil partnerships or cohabiting partner of the deceased have no rights on his estate.

Tableau - Person with whom the deceased lived: right to inheritance

Situation of the person living with the deceased

Right to the estate of the deceased

Spouse

Yes

Spouse separated from body

Yes, except where the spouses waive their inheritance rights in their separation agreement

Ex-husband

No

Civil partnership Partner

No

Cohabiting partner

No

Inheritance shares are allocated differently depending on whether the deceased was married or not.

Please note

The spouse's share presented here relates to the matrimonial property regime of the community reduced to gains. It may be different if the spouses have entered into a marriage contract.

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The deceased was married

Inheritance shares are allocated differently depending on whether the deceased leaves only children from the couple or not.

The deceased leaves only children from the couple

If the deceased leaves only children from the couple, the surviving spouse has the choice between the following 2 options:

  • Usufruit of the totality of the estate
  • Full ownership from 1/4 of the estate.

If the spouse chooses to usufruct the entire estate, the children inherit the bare-property of the entire estate.

If the spouse chooses full ownership of the 1/4 from the estate, the children inherit the full ownership of the 3/4 of the estate.

Any heir may request, in writing, the surviving spouse to choose one of the 2 options. If the surviving spouse does not make his or her choice known in writing in the 3 monthsthe usufruct of the whole of the succession is attributed to him.

If the surviving spouse dies without having made his choice, he is deemed to have opted for usufruct of the entire estate.

Warning  

The spouse's share of the inheritance may be different if the deceased has made a donation to the last living.

The deceased leaves children not common to the couple

If the deceased leaves children that are not common to the couple, the surviving spouse inherits the 1/4 of the succession in full ownership.

In this case, the children inherit the 3/4 of the estate in full ownership.

Warning  

The spouse's share of the inheritance may be different if the deceased has made a donation to the last living.

Late unmarried

His possessions go to his children.

Her children receive all of her property in equal parts.

Reminder

If the deceased lived as a couple, his Civil partnership partner or his cohabiting partner have no right to his estate.

Testament

Reserving heirs

Some heirs cannot be excluded from the succession. These are the reserving heirs. They must receive a share of the deceased's inheritance: this is the hereditary reserve.

It is the children of the deceased (including adopted children) and their descendants who are heirs.

FYI  

the child adopted in simple adoption is not heir to the ascendants of his adoptive parents. His grandparents and adoptive great-grandparents can therefore disinherit him in their will.

Quantity available

The hereditary reserve never represents the entire inheritance of the deceased.

The share of the remaining heritage is called the available quota. It may be freely distributed (to an heir or third party) by the deceased in his will.

The share of inheritance reserved for children is as follows:

  • The half property for 1 child
  • The 2/3 goods for 2 children
  • The 3/4 goods for 3 or more children.

The available quota, i.e. the remaining part of the estate, may be freely attributed by the deceased in his will.

Example :

The deceased has a heritage of €200,000 and 3 children. His children will share 3/4 of this heritage either €150,000 in equal parts. Each child will therefore receive €50,000. The deceased can assign the remaining 1/4 either €50,000 to persons of his choice (heirs or third parties).

FYI  

parents have a right of return, that is to say, the right to take back the property they had given to their children before their death. The value of these assets is offset against the inheritance rights of the father and mother.

An heir who has not received a lot equal to his share of reserve may exercise a action in reduction.

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