It’s a more common situation than people think: children who drift away, who stop answering calls, sometimes for years.
For some parents, this silence becomes a constant ache… and one thorny question arises: is it possible to cut them out of your inheritance?
In other words, can you legally disinherit your children? Spoiler alert: it’s not that simple, but there are ways to work around it.
Inheritance in France: a reserved share that can’t be touched
Let’s start with an unshakable legal truth: in France, you can never fully disinherit your children. Unlike in other countries, such as the United States or the United Kingdom, French law protects what are known as “reserved heirs.” And yes, children fall into that category.
The law guarantees what’s called the réserve héréditaire—a minimum portion of your estate that each child is entitled to, regardless of the state of your relationship. That share is:
• 50% if you have one child,
• two-thirds to be divided if you have two,
• three-quarters split among three or more children.
What’s left? That’s the quotité disponible—the disposable share—which you can leave to whomever you wish, within limits.
Estrangement or silence isn’t a reason to cut them out
Haven’t heard from your child in months or even years? As painful as that break may be, it isn’t enough to exclude them from your estate.
The only legal grounds for depriving a child of their inheritance are known as “succession indignity.” These cases are rare, and strictly defined by Article 726 of the Civil Code. For example:
• if the child was convicted of harming or attempting to harm your life,
• if they abused or mistreated you,
• if they made serious false accusations against you.
And even in such extreme circumstances, exclusion isn’t automatic—you must take the case to court, present strong evidence, and obtain a judge’s ruling.
You can’t disinherit… but you can restructure
While the law prevents total exclusion, it does allow for some flexibility in how you distribute your assets. Here are three tools worth knowing:
Use the disposable share
This is the portion you can freely assign. You can leave it to another child, a close friend, a charity, or even a caring neighbor. It gives you a way to strengthen certain bonds without breaking the rules.
Leverage life insurance
A common solution in France, life insurance allows you to designate a beneficiary of your choice outside the formal estate process. As long as the sums are reasonable, it’s a discreet and legal way to favor someone you trust.
Consult a notary
If you have a clear plan, a complicated family situation, or simply want to optimize your estate planning, a notary is your best ally. They can guide you through strategies such as gifts, specific legacies, or splitting ownership rights—all while making sure your wishes are secure and minimizing family conflict.