Can we disinherit our children?

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

If you reside in France, you cannot disinherit your children.

However, if you reside abroad, foreign law applies to your estate and some countries allow the possibility of disinheriting your children. For estates opened from 1er In November 2021, children deprived by a foreign law can, under conditions, recover the equivalent on existing property located in France on the day of death: offsetting levy. The European Commission specifies, in a letter dated 4 june 2026, how the right to levy is interpreted and applied by the French authorities.

Residence in France

You can't disinherit your children. Indeed, a fraction of the deceased's estate necessarily belongs to descendants. We are talking about hereditary reserve.

The hereditary reserve never represents your entire inheritance.

You can give a share of your property by donation or will to the person of your choice (your grandchildren, your surviving spouse, a neighbor, an association, etc.) This share is called the available quota.

The amount available depends on the number of heirs who have reserved :

Tableau - Hereditary reserve and quotity available

Number of children

Hereditary reserve

Quantity available

No children

Late groom

1/4 (spouse)

3/4

Late unmarried

None

Everything

1

1/2

1/2

2

2/3

1/3

3 or more

3/4

1/4

Example :

You own €100,000 of property (movable and immovable) and you have 3 children. You want to give a part of your inheritance to a friend. The available quantity is 1/4 of €100,000, or €25,000. So you can transmit €25,000 to your friend.

Residence abroad

The situation varies according to the date of opening of the estate:

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Estate opened before 1 November 2021

In principle, foreign law applies. However, you may, under conditions, enforce French law.

Application of foreign law

If you are French and you reside usually abroad, foreign law applies to your entire estate (movable and immovable property).

However, some countries admit the possibility of disinheriting their children.

The notary in charge of the succession or the judge seized by the heirs may refuse to apply the foreign law if it is contrary to public order. For example, the judge may prohibit an inheritance that does not respect the principle of equality between women and men.

Warning  

A foreign law that allows the possibility of disinheriting one's children is not necessarily contrary to public order.

Possibility of enforcing French law

If you are a French resident abroad, you can apply French law to your estate. To do this, you must meet the following 2 conditions:

  • Have clearly expressed your desire to apply French law in a will valid
  • Be French at the time of writing the will or at the time of your death.

Example :

If you are a French citizen who is habitually resident in Belgium, you may decide to apply French law to your estate.

Succession opened from 1 November 2021

In principle, foreign law applies. However, you may, under conditions, enforce French law.

Application of foreign law

If you are French resident usually abroad, foreign law applies to your entire estate (movable and immovable property).

However, some countries admit the possibility of disinheriting their children.

The notary in charge of the succession or the judge seized by the heirs may refuse to apply the foreign law if it is contrary to public order. For example, the judge may prohibit an inheritance that does not respect the principle of equality between women and men.

Warning  

a foreign law that allows the possibility of disinheriting one's children is not necessarily contrary to public order.

Children deprived by a foreign law may recover the equivalent from any property of the estate that is located in France. We are talking about offsetting levy.

For this offsetting levy to apply, all of the following conditions must be met:

  • You (the deceased), or at least one of your children, must be a national or habitual resident of a Member State of, at the time of death

Please note

The European Commission specifies, in a letter of 4 june 2026, how the right to levy is interpreted and applied by the french authorities.

Possibility of enforcing French law

If you are a French resident abroad, you can apply French law to your estate. To do this, you must meet the following 2 conditions:

  • Have clearly expressed your desire to apply French law in a will valid
  • Be French at the time of writing the will or at the time of your death.

Example :

If you are a French citizen who is habitually resident in Belgium, you may decide to apply French law to your estate.

In summary:

Vidéo - Can we disinherit our children?
Credits : Public Service (DILA)

SMS conversation:

- Any news on your uncle's estate?

- He put in his will that he would give me all his inheritance

- And his children? He won't give them anything?

- No...

- He has the right?

- Yes. And his wishes will have to be respected

Misconception: « I can disinherit my children in my will. »

FALSE

Expert answer: It's a misconception!

If you reside in France, you cannot disinherit your children in your will, that is to say exclude them from your estate.

They are heirs to the reservation. This means that they must receive a share of your inheritance.

But this « reserved » part of your estate never represents the entire inheritance.

The share of the remaining assets is called the available share.

This available quantity can be freely distributed to whomever you wish.

So you're probably wondering what proportions of the inheritance represent the hereditary reserve and the available quota?

Let's take a closer look at how much of your will should be reserved for children:

· If you have 1 child, half of the property necessarily belongs to him.

· If you have 2, it will be two thirds of the property.

· If you have 3 or more children, three quarters of the property will be reserved for them.

You can allocate the remaining part of the estate to the people of your choice. Including one of your children.

Let's take an example to better understand:

You have a patrimony of 200 000 € and 3 children. As we have seen, in this case, your children will share three quarters of the wealth, in our example, € 150,000 in equal parts. Each child will therefore receive €50,000. You can allocate the remaining quarter, or €50,000, to the people of your choice, whether they are heirs or third parties.

Warning: if you live abroad, this distribution is not valid. It is the law of the country that applies to your entire estate, both for your movable and immovable property. And some countries admit the possibility of disinheriting their children.

Find out more, depending on your situation, on Service-Public.fr.

Key Points

- In a will, you cannot exclude your children from your estate

- Your children are reserving heirs and must receive a share of your inheritance

- This reserved share never represents your entire inheritance

- the available portion (remaining portion) can be freely distributed

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