Family dynamics are complex, and sometimes relationships between parents and children break down entirely. The emotional pain of estrangement often leads to a practical question: can I cut my child out of my will? In France, the answer is almost always no. The law is designed to protect children, ensuring they receive a part of their family’s legacy no matter the personal circumstances. This legal framework prioritizes bloodline and financial security over personal feelings, which can be both a comfort and a point of contention for families.
French law mandates that children are “reserved heirs,” guaranteeing them a minimum slice of their parent’s estate. This isn’t a suggestion—it’s a rigid rule. The size of that slice is determined by family size. An only child gets half of everything. Two siblings must together receive two-thirds of the estate, while three or more children are collectively entitled to three-quarters of it. This leaves only a fraction of the total estate that a parent can freely gift to someone else through a will. This system reflects a deep-seated cultural and legal belief in providing for the next generation.
Many parents hope that proof of a long-standing estrangement—no phone calls, no visits, no relationship—will be enough to disinherit a child. Unfortunately, the law does not recognize emotional distance or neglect as valid reasons. The bar for exclusion is set extraordinarily high. A parent would have to take their child to court and prove they committed an act of profound betrayal, such as violence or a malicious criminal accusation. This lengthy and difficult process means that for most families, complete disinheritance is not a realistic option.
So, what can you do if you wish to acknowledge those who have supported you? While you can’t touch the reserved portion, you have control over the remainder. You can leave this “disposable share” to a more devoted child, a close friend, or a charitable cause you believe in. Another powerful tool is a life insurance policy, which allows you to name a specific beneficiary outside of the inheritance process. To navigate these sensitive decisions, seeking advice from a notary is essential. They can provide compassionate, clear guidance on how to work within the law to create an estate plan that reflects your life and relationships as accurately as possible.
