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Inheritance: the children’s share

Can a parent disinherit their children?

What the law says

  • Gifts and the will together may not exceed half of the estate if the deceased leaves one child (Art. 913).
  • A third if they leave two children (Art. 913).
  • A quarter if they leave three or more (Art. 913).
  • The rest is reserved for the children; special rules apply to the spouse (Art. 767-1 and 1094, referred to in Art. 913).

Watch out for

  • Gifts made during the parent’s lifetime count in this calculation too (Art. 913).

Who can help

Official source : Code civil (version du 26.12.2025) · Checked on 21.10.2026