Can we disinherit our children?

Verified 15 September 2026 - Public Service / (Prime Minister)

In summary

If the french law is applicable to your estate, you may not not disinherit your children. Indeed, a fraction of the deceased's estate necessarily belongs to descendants. We are talking about hereditary reserve.

However, if the foreign law applies to your estate, some countries admit the opportunity to disinherit your children. For open estates from 1er 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: we speak of offsetting levy.

For this offsetting levy to apply, the following two 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
  • The foreign law applicable to the succession shall not provide for reserving mechanism for the protection of children. If the foreign law ensures that each of the children has a right to a part of the estate, the compensatory levy scheme is not applicable.

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

If you reside in France, French law applies in principle to your estate.

If you reside abroad, it is the foreign law that applies in principle to your estate.

However, you may decide to apply the law of your home country rather than the law of your country of residence to your estate. To do this, you must meet the following 2 conditions:

  • Have clearly expressed your willingness to apply the law of your country of origin in a will valid
  • Have the nationality of the country whose law you want to enforce 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.

Applicable French law

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.

Applicable foreign law

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

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Estate opened before 1 November 2021

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.

Succession opened from 1 November 2021

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
  • The foreign law applicable to the succession shall not provide for reserving mechanism for the protection of children. If the foreign law ensures that each child has a right to a part of the estate, the compensatory levy scheme will be inapplicable.

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.

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