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Tuesday, February 3, 2026

Inheritance: My children have turned their backs on me, can I exclude them from my inheritance?




t's a more common situation than you might think. Children drifting away, no longer responding, sometimes for years. For some parents, this silence becomes a deep, gnawing pain… and a thorny question arises: is it possible to exclude them from one's estate? In other words, can you legally disinherit your children in France? Spoiler alert: it's not that simple, but some solutions do exist.

Inheritance in France: a reserved portion… impossible to touch

Let's start with an undeniable legal truth: in France, you can never completely disinherit your children. Unlike other countries, such as the United States or the United Kingdom, French law protects so-called  "forced heirs ." And guess what? Children are among them.

The law stipulates what is known as  the reserved portion of the estate  : a minimum share of the inheritance that each child must receive, regardless of the nature of the relationship. This represents:

  • 50% if you have only one child.
  • 2/3 to be shared if there are two of them .
  • 3/4 to be divided between three or more children .

The rest? That's  the disposable portion , and it can be passed on to whomever you want… within certain limits.

Radio silence or tensions: not a reason to exclude them

Have you had no news or contact for months, or even years? As hurtful as this break may be, it is not enough to justify exclusion from the inheritance.

The only legal ground for depriving a child of their inheritance rights is called  unworthiness to inherit . This is  exceptional and only applies to serious cases, as defined by Article 726 of the Civil Code. For example:

  • if he was convicted of endangering your life,
  • if he has been violent or abusive towards you,
  • if he has made serious false accusations  against you.

Even in these extreme cases, exclusion is not automatic: it is necessary  to take the matter to court , present  solid evidence , and obtain a  court decision .

You cannot disinherit… but you can reorganize

While the law prohibits total exclusion, it does allow certain  legal options  for adjusting the distribution of one's assets. Here are three levers to be aware of:

  1. Playing with the available quota

This is a bit of the leeway the law allows. This portion that you can bequeath to whomever you wish: another child, a close friend, a charity, or even  a caring neighbor . This allows you to  foster certain relationships … without breaking the rules.

  1. Investing in life insurance

This is  a commonly used solution  in France. Money invested in a life insurance policy can be passed on to a beneficiary of your choice, outside the strict framework of inheritance. As long as the amounts remain  reasonable , it's a  discreet and legal way  to favor a trusted person.

  1. Consult a notary

Do you have a specific wish, a complex family situation, or simply want to optimize your estate planning? A notary is your  ideal partner . They can guide you toward suitable solutions: gifts, specific bequests, division of ownership rights… all while  securing your choices  and  preventing family conflicts .

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