Right to a compulsory portion in France
Application and special features of French compulsory portion law
What you should know about French compulsory portion law
Applicability of French law on compulsory portions
The compulsory portion is governed by the French Civil Code (code civil) – CC for short.
Whether French law is applicable for inheritance cases from 17.08.2015 is primarily determined by the European Succession Regulation (EuErbVO).
Nature of French compulsory portion law
French compulsory portion law is very similar to German law. In particular, the children of the deceased and their descendants are entitled to a compulsory portion. In second place is the deceased’s spouse.
Compulsory portion of children and descendants
Living children exclude their descendants. If a child dies before the testator and leaves descendants, they take the place of the child. If a child is unworthy of inheritance or if the person entitled to a compulsory portion has been effectively deprived of the compulsory portion, they are not counted. However, if the child had descendants themselves, they are entitled to their compulsory portion and are therefore included in the count.
Compulsory portion
If only one child of the deceased is alive, they receive half of the estate. If there are two children, each receives 1/3 of the estate. If there are three children, each receives 1/4 of the estate. If there are more than 3 children, they receive a total of 3/4 of the estate, which is divided by the number of children.
Spouse’s share of the estate and other rights in the event of inheritance
The spouse is entitled to ¼ of the estate. In addition, he or she receives a right to live in the jointly used home during his or her lifetime. Furthermore, the surviving spouse may be entitled to maintenance if they are in need.
Judicial enforcement of the French compulsory portion
Whether French or German courts have jurisdiction is generally determined by the habitual residence at the time of the deceased’s death.
If French courts have jurisdiction and an action is brought there, the procedure is governed by the French Code of Civil Procedure.
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Att. Prof.* Dr. Stephan J. Lang
Your specialist for inheritance law
Tel.: +49 (0)172 / 923 1838
Settling an estate in France can be complex and demanding. There are a number of legal and administrative hurdles that need to be overcome. We can help you.
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Your specialist for inheritance law
Att. Prof. (GTU / Georgien) Dr. phil. Stephan J. Lang
- Lawyer and specialist lawyer for inheritance law
- Certified executor (AGT) and mediator
- Visiting professor at the GTU /Tbilisi/Georgia (2013 – 2019)
- Member of the Franco-German Lawyers' Association
- Office location: Munich
- Area: Paris
- Tel.: +49 (0)172 / 923 1838