Succession without a will: who inherits by law
When someone dies without a will, the law designates the heirs. This guide compares France, Belgium, Luxembourg and French-speaking Switzerland.
France: four orders of heirs
The French Civil Code sets four orders. Children inherit first, in equal shares. The surviving spouse takes either one quarter in full ownership or the full usufruct if all children are from the couple.
Belgium and Luxembourg
Children inherit bare ownership in equal shares; the spouse receives the usufruct of the whole estate. Luxembourg follows similar rules; children are forced heirs.
Switzerland
The spouse takes half alongside children, three quarters without. The 2023 reform of forced heirship increased the freely disposable share. The Wegbegleiter app (wegbegleiterapp.com) calculates the shares in seconds.
Renouncing the estate
France: 4 months. Switzerland: 3 months from becoming aware of the death. Renunciation shields heirs from the deceased's debts.
Frequently asked questions
- Does the spouse always inherit?
- Yes, but the share depends on children and country.
- Children from a previous marriage?
- Same rights as children of the current couple.
- No family at all?
- The State inherits as a last resort.
- Is a notary required?
- In almost every case, at least for the deed of inheritance.
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