Can Someone Refuse an Inheritance in France?

If you are due to inherit from someone in France, you don’t have to accept the inheritance. French law gives an heir a choice about what to do, and refusing the inheritance is one of the available options. You can learn more about the laws of succession in France and how they affect inheritance. There are several reasons why someone might choose not to inherit. 

What Choices Does an Heir Have?

Broadly, an heir in France has three options. They can accept the inheritance completely, accept it only up to the value of the estate’s net assets, or renounce it altogether. The French government explains these three succession options and their consequences. The second option can provide some protection when there is uncertainty about the deceased’s debts.

If you renounce the succession, you are treated as though you were not an heir. You don’t receive the inherited assets, but you are also generally not responsible for paying the deceased’s debts from your own money.

How Do You Refuse an Inheritance?

Renouncing an inheritance is a formal process rather than simply telling the family that you don’t want your share. The declaration can be made through the appropriate French court process and, in applicable cases, can also be handled by a notary. You generally have an initial four-month period following the opening of the succession during which nobody can force you to make your choice. After that, certain interested parties can require you to decide. If nobody does so, there can be up to ten years to exercise the option.

Refusing an inheritance can also affect who inherits next, so it shouldn’t be treated as simply giving your share back. If a French estate involves substantial assets, debts or several generations of beneficiaries, it is sensible to understand those consequences before formally renouncing it. Our guide to French succession and excluding people from a French will explores related inheritance rules.

Read more information on French succession, inheritance tax and estate planning. Explore our latest guides for practical advice on probate, wills, estate administration, intestacy and disputing a will.

If you need help with French Probate, contact French Probate Matters on 020 8150 2010 or info@frenchprobatematters.com.