Jurisdiction(s):
United Kingdom

Advising English couples with French property: forced heirship, matrimonial regimes, Brussels IV elections and tax

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Practice notes

French Forced Heirship (Réserve héréditaire)

The concept of Forced Heirship under French Law

Forced heirship (réserve héréditaire) is a doctrine particular to French law. It identifies the compulsory share of an estate that the law preserves for certain heirs, termed héritiers réservataires.

If the deceased had children, only the children qualify as forced heirs, regardless of marital status.
Where the deceased was married with no children, the surviving spouse becomes a forced heir.
Other forms of union, including civil partnerships such as a pacte civil de solidarité (PACS), do not confer automatic succession rights.

The remainder once the forced shares have been set aside is the quotité disponible. This part can be freely left by will or transferred by a gift made during lifetime to any person, whether related to the deceased or not.

Contrast with English Law

English law is founded on the principle of testamentary freedom, and there is no comparable system of forced heirship. This essential divergence often creates difficulties for English couples who own property in France...

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Web page updated on 21/05/2026

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