Estrangement or silence isn’t a reason to cut them out

Haven’t heard from your child in months or even years? As painful as that break may be, it isn’t enough to exclude them from your estate.

The only legal grounds for depriving a child of their inheritance are known as “succession indignity.” These cases are rare, and strictly defined by Article 726 of the Civil Code. For example:

• if the child was convicted of harming or attempting to harm your life,

• if they abused or mistreated you,

• if they made serious false accusations against you.

And even in such extreme circumstances, exclusion isn’t automatic—you must take the case to court, present strong evidence, and obtain a judge’s ruling.

You can’t disinherit… but you can restructure

While the law prevents total exclusion, it does allow for some flexibility in how you distribute your assets. Here are three tools worth knowing:

Use the disposable share
This is the portion you can freely assign. You can leave it to another child, a close friend, a charity, or even a caring neighbor. It gives you a way to strengthen certain bonds without breaking the rules.

Leverage life insurance
A common solution in France, life insurance allows you to designate a beneficiary of your choice outside the formal estate process. As long as the sums are reasonable, it’s a discreet and legal way to favor someone you trust.

Consult a notary
If you have a clear plan, a complicated family situation, or simply want to optimize your estate planning, a notary is your best ally. They can guide you through strategies such as gifts, specific legacies, or splitting ownership rights—all while making sure your wishes are secure and minimizing family conflict.