In France, the emotional pain of a child cutting off contact is compounded by a complex legal reality: parents cannot simply disinherit their children. Unlike in countries like the United States or the United Kingdom, French law strongly protects the inheritance rights of direct descendants.
This protection is known as the "reserved heir" rule, which guarantees children a mandatory portion of the estate. The size of this reserved share is fixed by law:
* **One child** is entitled to half of the estate.
* **Two children** are entitled to two-thirds, to be divided equally between them.
* **Three or more children** are entitled to three-quarters, to be divided equally.
The emotional distance caused by a lack of contact, while deeply painful, is not a legally valid reason to remove a child from the will. The only legal grounds for disinheritance is "unworthiness to inherit," a strict exception reserved for extreme cases such as a conviction for attempted murder, abuse, or serious false accusations against the parent. Even then, disinheritance is not automatic and requires a court order based on solid evidence.
However, parents do have options to adjust how their estate is distributed. The portion of the estate not reserved for children—known as the "available quota"—can be freely left to anyone, such as another relative, a friend, or a charity. Another common strategy is to invest in a life insurance policy, as the proceeds can be passed to a named beneficiary outside of the standard inheritance rules.
Given the complexity of these laws, the most critical step for any parent considering their options is to consult a notary. A notary can provide expert guidance on all legal instruments, such as gifts, specific legacies, or property arrangements, to help achieve their wishes within the framework of French law.
