Yes, disinheriting a child is legal in France but strictly regulated under the Code civil (Articles 912-930), ensuring forced heirship (réserve héréditaire) protects descendants. A parent may exclude a child from a will, yet the child retains a statutory claim to a portion of the estate (réserve), typically half for one child, two-thirds for two, or three-quarters for three or more. Courts scrutinize such decisions to prevent abuse, requiring justification under Article 913. The Notaire and Tribunal judiciaire validate disinheritance claims post-mortem, aligning with 2026 EU succession regulation adjustments.
Key Regulations for Disinheriting a Child in France
- Forced Heirship (Réserve Héréditaire): Children are entitled to a mandatory share (réserve) of the estate, regardless of a will. Parents may only disinherit a child for specific grounds listed in Article 915, such as serious misconduct (indignité successorale) or abandonment.
- Valid Grounds for Disinheritance: Article 915 permits disinheritance for acts like attempted murder, parental abandonment, or severe abuse. Evidence must be documented in the will or a notarized deed (acte authentique).
- Reduction Action (Action en Réduction): If a will violates the réserve, the disinherited child may file a réduction claim within 2 years of the parent’s death, triggering judicial review by the Tribunal judiciaire to restore their share.