In France, the Civil Code strictly prohibits completely disinheriting one or all of your children. An estate is divided into two key parts: the hereditary reserve—the minimum share automatically due to your children or surviving spouse (if no children)—and the available portion, the remainder you can freely bequeath to anyone of your choosing. This reserve protects children's rights, but experienced estate planners know several legal strategies to minimize their share effectively.
One powerful approach is modifying your marriage contract. Opt for the universal community regime with a clause for full allocation of assets to your surviving spouse, or include a specific provision designating your entire estate to them, excluding it from succession. This prevents children from claiming any inheritance share, as confirmed by established French legal precedents.
You can direct the available portion—which you control freely—through life insurance by naming beneficiaries other than your children. Upon your death, these funds pass directly to the designated recipient outside the estate, bypassing succession calculations. Caution: Ensure premiums align with your lifestyle to avoid challenges from disinherited heirs seeking judicial review.
Not all countries enforce France's hereditary reserve. Purchasing property in jurisdictions like the United Kingdom, which lack such rules, subjects those assets to local laws. Since August 2015, EU regulations allow this choice, exempting foreign holdings from French inheritance mandates and enabling greater flexibility.
For property owners, selling via life annuity (viager) removes it from your estate. The buyer assumes lifelong support payments and claims full ownership upon your death, leaving nothing for children to inherit from that asset.
