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Forced Heirship

Also known as: Compulsory Inheritance, Reserved Portion

Definition

Forced heirship is a legal rule in civil law countries that requires you to leave a minimum portion of your estate—typically 50-75%—to your children, regardless of your wishes.

This contrasts sharply with England and Wales, where testamentary freedom allows you to distribute your estate to anyone you choose. For UK nationals owning property abroad, forced heirship can override your UK will's provisions.

What Does Forced Heirship Mean?

Forced heirship is a feature of civil law legal systems—countries whose legal framework descends from Roman law, including most of Europe and Latin America. Under forced heirship, the law reserves a statutory portion of your estate (called the légitimère in French or Pflichtteil in German) for close relatives, typically your children. Unlike in England and Wales, where the Law Commission identifies testamentary freedom as the cornerstone of succession law, civil law countries prioritize family protection over individual choice.

The specific percentages vary by country. In France, under Article 913 of the French Civil Code, one child is entitled to 50% of your estate, two children receive 66.7%, and three or more children inherit 75%. In Spain, children and descendants receive two-thirds of the estate. Germany allocates 50% of the intestacy share to children and spouses. The remaining portion—called the "disposable portion"—can be left to anyone you choose. These rules apply based on where the property is located, not where you live or where your will was made.

For example, James, a UK national, owns a villa in France worth £400,000. In his English will, he leaves everything to his wife Sarah. However, James has two adult children from a previous marriage. Under French forced heirship rules, his children automatically inherit two-thirds (£266,667) of the French property. Only one-third (£133,333) can go to Sarah, regardless of what his UK will says.

UK nationals may be able to circumvent forced heirship through the EU Succession Regulation (Brussels IV), which allows you to elect for English or Welsh law to apply to your worldwide assets. However, France introduced amendments to Article 913 in November 2021 that allow reserved heirs to claim compensation from French assets even when English law is elected. Similarly, the German Federal Court ruled in 2021 (case IV ZR 110/21) that English law elections can be deemed incompatible with German public policy. If you own property in forced heirship countries, specialist international estate planning advice is essential.

Common Questions

"Does forced heirship apply in England and Wales?" No, forced heirship does not apply in England and Wales. UK law follows the principle of testamentary freedom, allowing you to leave your estate to anyone you choose. However, forced heirship can affect UK nationals who own property in civil law countries like France or Spain.

"Can I avoid forced heirship rules if I own property abroad?" Yes, you may be able to avoid forced heirship using the EU Succession Regulation (Brussels IV). UK nationals can elect in their will for English or Welsh law to apply to their worldwide assets, including property in EU countries. However, recent changes in France and Germany have complicated this, so specialist legal advice is essential.

"What happens if I don't make a will and own property in a forced heirship country?" If you die without a will, your overseas property will be distributed according to the succession laws of the country where it's located. In forced heirship countries, this typically means your children automatically inherit fixed portions (often 50-75%), regardless of your relationship with them or your surviving spouse's needs.

Common Misconceptions

Myth: My UK will overrides forced heirship rules in France or Spain.

Reality: A UK will does not automatically override forced heirship rules for property located in civil law countries. Unless you've made a Brussels IV election for English law to apply—and even that has recent complications—your overseas property will be distributed according to the forced heirship rules of the country where it's located, regardless of what your UK will says.

Myth: Forced heirship means my children automatically inherit everything.

Reality: Forced heirship reserves a portion—typically 50-75%—for children, not the entire estate. You retain freedom to dispose of the remaining disposable portion however you wish. For example, in France with two children, they're entitled to two-thirds, leaving you free to dispose of the remaining one-third to your spouse, partner, charity, or anyone else.

  • Civil Law Jurisdiction: The broader category of legal systems where forced heirship typically applies, as opposed to common law jurisdictions like England and Wales.
  • Overseas Property: Property owned abroad that may be subject to forced heirship rules in the country where it's located.
  • International Estate Planning: The specialized planning discipline required to navigate forced heirship rules and cross-border succession issues.
  • Légitime: The French legal term for the reserved portion of an estate that must go to forced heirs under French law.
  • Foreign Law: The broader concept of overseas legal systems that may apply to UK nationals' assets located abroad.
  • Testamentary Freedom: The contrasting UK principle that allows you complete freedom to distribute your estate, unlike forced heirship countries.
  • Succession Law: The parent category of legal rules governing inheritance, of which forced heirship is one approach used in civil law jurisdictions.
  • International Estate Planning: Covers comprehensive strategies for managing cross-border assets subject to forced heirship rules.
  • Expat Wills and Cross-Border Planning: Essential reading if you own property in France, Spain, or other civil law countries with forced heirship.
  • Brussels IV and European Property: Explains the EU Succession Regulation that provides the legal mechanism to potentially avoid forced heirship.
  • French Property Estate Planning: Detailed guidance on French succession law and the 2021 amendments that complicate Brussels IV elections.
  • Spanish Property Estate Planning: Details Spanish forced heirship rules and how they differ from French requirements.

Need Help with Your Will?

Understanding forced heirship is essential if you own overseas property, as it can significantly impact your estate planning. While forced heirship affects property abroad, WUHLD helps you create a legally binding UK will covering your UK assets with complete testamentary freedom.

Create your will with confidence using WUHLD's guided platform. For just £99.99, you'll get your complete, legally binding will plus three expert guides. Preview your will free before paying anything—no credit card required.

Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.