In France, inheritance laws establish a clear minimum framework, including "forced heirs"—close relatives like children and spouses entitled to a mandatory share of the deceased's estate. Rules and shares vary based on whether a will exists.
Without a will, "legal devolution" applies: French law prioritizes heirs in a fixed order.
Heirs in priority order:
Higher-priority heirs exclude lower ones. A surviving spouse always inherits if married, with shares depending on the marriage regime (e.g., community of acquests) and children. Ex-spouses, PACS partners, and cohabitants are excluded.
Shares depend on children.
If married with children from the marriage, spouse and children inherit. Spouse chooses: usufruct of the full estate or full ownership of 1/4.
Usufruct means children get bare ownership of the whole (e.g., sell but not use goods). Full 1/4 ownership for spouse means children get full 3/4 ownership. Latter applies automatically for children from another union.
Unmarried with children: children inherit equally; spouse gets nothing.
If married:
- Both parents deceased: spouse inherits all. - One parent alive: parent 1/4, spouse 3/4. - Both parents alive: equal shares among spouse and parents.
A will lets you direct assets, but "reserved heirs" (children/descendants or spouse without children) must receive their "hereditary reserve."
Reserve is fixed; the "disposable quota" remainder is freely allocated.
Children receive reserve: 1/2 (1 child); 2/3 (2 children); 3/4 (3+ children). Remainder per will.
Spouse (reserved heir) gets 1/4; remaining 3/4 disposable per will.
