Can I Leave My Children Out of My Will? Understanding Inheritance Rights

This is a widespread problem, even if you don’t know it. There are kids that go missing and don’t say anything for a long time. Some parents feel sad about this quiet, but then a strange question comes up: can you take away their inheritance? So, is it against the law in France to not leave your kids anything? Spoiler: It’s not as easy as that, but there are a couple methods to do it.

Heritage in France: a component that can’t be changed…
In France, you can’t entirely disinherit your offspring. That’s a clear legal reality. French law protects “reserved heirs,” which is not the case in the US or the UK. And you know what? They have kids with them.

According to the law, each kid is entitled to a minimum part of the estate, no matter what kind of relationship they had with the parent who died. In other words,

You get half if you have one child. If you have two, you get two-thirds. If you have three or more, you get three-fourths.
What about the rest? You can offer that half to anyone you want, but only if certain requirements are met.

There is no cause to get rid of radio silence or tension.
Have you not heard from or seen someone in months or even years? Even while the separation hurts, it won’t stop someone from obtaining their inheritance.

The only legal basis to take away a child’s ability to inherit is if they don’t deserve it. Article 726 of the Civil Code says that this is an exception that only applies to very serious instances.

For example:

If he was found guilty of putting your life in danger, hurting you, or making serious false claims against you, he may go to jail.
And

even in these really serious cases, you can’t just be kicked out; you have to go to court, provide substantial proof, and get a court order.
You can’t fully cut someone out of your will, but you can adjust how your things are divided.
The law doesn’t let people completely cut someone out, but it does provide them a few legal methods to adjust how their assets are split up. Think about these three levers.

Play with the amount you have.

The law provides you some freedom like this. You can gift this to whomever you like, like another kid, a close buddy, a group, or even a nice neighbor. This method helps you build exact connections without breaching any rules.

Life insurance that will continue forever
This is a fix that has worked in France several times. You can give the money from a life insurance policy to whoever you want without having to follow tight rules about how to pass on your wealth. Helping a trustworthy individual is legal and polite as long as the amounts are appropriate.

Learn about a notary.
Do you have a specific goal in mind, a tough family circumstance, or do you just want to make the most of your inheritance? The best person to talk to is a notary. They can help you choose the best solutions, like contributions, unique legacies, property dismemberment, and so on.

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