Can a child be excluded from the estate? In principle, no. And yet, legally, parents can significantly reduce the share of an heir.
In many families, the question of the distribution of heritage after the death of a parent is a sensitive subject, sometimes a source of sustainable tensions between brothers and sisters. We often hear about inheritance differences: is one of the children favored? Can we bequeath more to a loved one without offending others? These situations echo concrete cases: a parent who offers a house to one of his children during his lifetime, another who decides to bequeath a large sum to a friend rather than children, or heirs surprised by a last will which upsets family balance. However, French law protects direct heirs, especially children. Thanks to this protection, a child cannot normally be completely deprived of inheritance by his parents.
So can parents really exclude one of their children from the succession? According to Maître Philippe Camps, lawyer specializing in litigation and very active on Tiktok under the pseudonym @avocat_philippe_camps, the answer is “A priori, not. Articles 912 and following of the Civil Code provide for a hereditary reserve which guarantees children a minimum part.” A only child is entitled to at least half of the inheritance, two children share two thirds in equal parts (one third each), and three children are each entitled to a quarter.
On the other hand, “The remaining share, called the available quota, can be awarded to whoever they wish: another child, a friend, or be added to the part of a favored heir”, explains the lawyer in one of his videos. Thus, in a succession with two children, one of the heirs can perfectly receive its share of reserve (one third) plus the available quota (another third party), which gives it two thirds of the inheritance, while the other child will only receive a third party. A legal distribution in the eyes of the law, but sometimes perceived as unfair.
For those who wish to go further in the management of their succession or avoid conflicts, several practical advice can be useful. In practice, we note that it is possible to bypass the provisions of the Civil Code and to promote an heir, in particular by the use of life insurance. This makes it possible to designate a beneficiary excluding succession and it is perfectly valid if it is not disproportionate in relation to the amount of the succession.
In addition, a more radical means has been observed in certain recent cases: “Moveing abroad in a country whose legislation authorizes to disinherit a child, as in the United States”, Add Maître Philippe Camps. These situations remain rare and often legally complex. In all cases, it is recommended to consult a law professional to serenely consider the transmission of your heritage and avoid family conflicts.
