International Inheritance Law: Are Children Less Protected?

The French Principle of “Réserve Héréditaire”

In France, children are legally entitled to a minimum share of their parents’ estate, a concept known as the réserve héréditaire (forced heirship).

This portion varies depending on the number of heirs:

• One child: half of the estate,

• Two children: two-thirds,

• Three or more children: three-quarters.

This rule prevents parents from excluding their children from inheritance, either intentionally or unintentionally.
However, since August 17, 2015, following the implementation of the EU Succession Regulation (Regulation No. 650/2012), individuals who relocate abroad may unknowingly bypass this protection, allowing foreign laws to apply to their estate.

International Inheritance: The Law of Residence Applies

Since 2015, the law of the country of residence of the deceased generally governs inheritance matters — not the law of nationality.

If an individual has established long-term residence abroad and transferred their economic and personal interests to another country, local inheritance law will apply.
In contrast, a temporary relocation, such as for professional reasons, does not affect the applicable legal framework.

However, forced heirship — a cornerstone of French law — does not exist in many countries.
For example, in several U.S. states, a person may bequeath their entire estate to a surviving spouse, excluding children from a previous marriage.
While permissible locally, this effectively deprives some heirs of their reserved share under French standards.

The Position of the French Court of Cassation

In two landmark rulings issued on September 27, 2017, the French Court of Cassation ruled that applying foreign inheritance law is not contrary to French international public policy, unless it leads to a serious violation of fundamental rights.

In other words, excluding children from inheritance is not automatically unlawful, unless it results in financial hardship or economic vulnerability for the disinherited heirs.

This decision underscores a major shift in international inheritance law, highlighting the importance of proactive estate planning for expatriates and global property owners.