What is the Article 913 of the Civil Code?
Asked by: Jany Borer II | Last update: July 12, 2026Score: 4.6/5 (29 votes)
Article 913 of the French Civil Code establishes the forced heirship rules (réserve héréditaire), limiting how much of an estate a person can bequeath to others to protect a portion for their children. It mandates that a specific, non-negotiable portion of assets (the reserve) must go to children, varying by the number of children left:
What are the new forced heirship rules in France?
If one child stands to inherit, they must receive half of the estate. If there are two children, they will receive two-thirds of the estate, and in the case of three children or more inheriting under French succession law, they will be left three-quarters of the estate.
What countries have forced heirship?
Europe: France, Germany, Spain, Italy, Switzerland, Belgium, Portugal, and most other continental European countries maintain strict forced heirship rules. Each country has its own percentages and protected family members, but the principle remains the same.
How to avoid French inheritance tax for non-residents?
5 Legal ways to reduce or avoid French Inheritance Tax
- Make Lifetime Gifts (Donations) Using Available Allowances. ...
- Use a Société Civile Immobilière (SCI) to Hold and Transfer Property Efficiently. ...
- Take Out a Life Insurance Policy (Assurance-Vie) ...
- Adopt a French Marriage Contract or PACS to Protect Your Partner.
Can children be disinherited in France?
If you reside in France, you cannot disinherit your children in your will, that is to say exclude them from your estate. They are heirs and reserving. This means they must receive a share of your inheritance. But that "reserved" part of your heritage never represents the whole legacy.
What If The Devise To Be Reduced Is Real Property? | Heirs & Devisees Right | Civil Code Article 912
What is the most common inheritance mistake?
The most common inheritance mistake is failing to have a will or update beneficiary designations, often resulting in assets passing to the wrong people (like ex-spouses) or causing family disputes. Other major errors include not seeking professional advice, rushing into financial decisions, and neglecting tax implications.
Who inherits if there is no will in France?
Here is a simplified hierarchy of heirs under French law: Children and their descendants. Surviving spouse (rights vary with presence of children) Parents and siblings (and their descendants, such as nephews and nieces)
What is the 10 year rule in France?
Residence Permit (10 years) – “Carte de résident”
This permit is available to foreigners who have lived legally in France for five years. However, exceptions allow for different timelines, such as spouses of French nationals, who may be eligible after just three years of community of life and residence in France.
What are the pitfalls of buying property in France?
Buying property in France involves pitfalls like underestimating 7–8% transaction fees (notaire fees/taxes), hidden structural defects, renovation restrictions, and strict inheritance laws. Foreigners often face risks from currency fluctuation, rural infrastructure limitations, and signing contracts without understanding French law. Crucially, rely on an independent survey rather than just mandatory seller reports (DDT).
What is the 5 to 7 rule in France?
The "5 to 7 rule" in France, known as le cinq à sept, traditionally refers to a discreet, two-hour window (5:00 PM to 7:00 PM) after work used for a secret romantic tryst or rendezvous with a lover before returning home to a spouse and family.
Which country has the highest inheritance tax in the world?
Japan has the highest inheritance tax rate in the world at 55%. This top rate applies to taxable estates exceeding 1.8 billion yen (approx. $16.2 million USD). Other countries with very high inheritance tax rates include South Korea (50%), France (45%), and the United Kingdom (40%).
Where is the best place to put money to avoid inheritance tax?
Transfer assets into a trust
Because those assets don't legally belong to the person who set up the trust, they aren't subject to estate or inheritance taxes when that person passes away. Setting up a trust also has other financial benefits, such as helping the estate avoid probate.
Which country has no death penalty?
As of 2026, over 110 countries have abolished the death penalty for all crimes. Major examples include the United Kingdom, Canada, France, Germany, Australia, and most of Europe and South America. Recent abolitions include Zimbabwe (2024), Ghana (2023), Malaysia (2023), and Papua New Guinea (2022).
What is the Tontine law in France?
A tontine clause is the French equivalent to a joint tenancy in the UK: on the first death, the deceased's share of the property passes to the surviving tontine holder. The person who dies first is deemed never to have been an owner, and the surviving owner is considered to have been the sole owner from the start.
What is the maximum amount you can inherit without paying tax?
Exactly how much money you can inherit without paying taxes on it will depend on your state and the type of assets in your inheritance. But as of 2026, the federal estate tax exemption allows each individual to protect up to $15 million of their estate from federal estate tax ($30 M for couples).
What is the order of inheritance in France?
Principle of classification of heirs
In the absence of a surviving spouse entitled to inherit, Article 734 of the French Civil Code distinguishes four orders of heirs: Children and their descendants. Father and mother, brothers and sisters and their descendants.
What time do the French go to bed?
French adults typically go to bed between 10:00 p.m. and midnight, with many hitting the sheets around 10:30 p.m. to 11:30 p.m.. Because dinner is often eaten later—frequently starting around 7:30 p.m. or 8:00 p.m.—the evening lasts longer, and children also tend to have later bedtimes, often between 8:00 p.m. and 9:00 p.m..
Is it cheaper to live in France or the USA?
It is generally cheaper to live in France than in the USA, with Expatistan reporting that costs are roughly 28% lower in France. While higher taxes and lower average salaries exist in France, this is balanced by significantly lower housing costs, cheaper healthcare, affordable public transport, and lower daily expenses for food and utilities.
What is a 4pm snack in France?
Goûter (pronounced goo-tay) means “to taste,” but in French households, le goûter refers to the beloved after-school snack, typically eaten around 4 p.m. — which is why it's also affectionately known as le quatre-heures (“the four o'clock”).
What does 49.3 mean in France?
Its best-known provision, paragraph 3 (Article 49.3), allows the government to force passage of a law without a vote, unless the parliament passes a motion of no confidence.
How much money do you need in the bank to move to France?
Proof that you have sufficient financial resources
Normally, individuals who do not hold a passport of an EU-member country, will need to show that they have an annual/monthly income of more than the French minimum wage, which 01 1 January 2024 was €1,766.92 per month (Gross), around €1,400 per month (net).
Why is it illegal to keep ashes at home in France?
Article 16 of the 'Sueur law' from 2008 places strict limits on where an urn of ashes may be kept. It must be kept in a columbarium (a designated place in a cemetery to keep funeral urns) or sealed inside a tomb, or fixed to a cemetery monument, or buried in a designated place in municipal ground.
What is the new French inheritance law?
French inheritance law is very different to that in the UK. In France if you have children, you must generally leave your children a percentage of your assets when you die; you can't simply exclude a child by choosing not to name them in your Will. This is known as forced heirship.
Will my children have to pay tax on their inheritance?
While the federal government doesn't have an inheritance tax, it does have an estate tax. The federal estate tax is imposed on the assets of the deceased and can be impacted by assets such as real estate, cash, insurance, securities, business interests, and more.