Can my children renounce the inheritance in advance?
Traditionally under French law, heirs could not renounce in advance an inheritance from a living person. This rule has been relaxed and now the children and surviving spouse, who are the rightful heirs (i.e. a share of the estate is reserved for them), can renounce in advance legal actions seeking reduction, enabling a rightful heir to waive his/her right to act against a donee or an heir whose share of the inheritance infringes his/her own. This renunciation in advance must be done for the benefit of one or more specific persons and it may concern all or part of the estate reserved for the rightful heirs or a specific asset. This renunciation is established via an authenticated deed by two notaries. It binds the person who is renouncing only from the day that the renunciation is accepted by the person from whom s/he is to inherit. However, an heir who renounces such a reduction action remains an heir, even though s/he has accepted in advance that his/her share of the inheritance will be diminished.
European notaries Directory
Find a notary who speaks your language
Conseil Supérieur du Notariat Français
60, bd de la Tour-Maubourg,
F - 75007 Paris, France
Tel.: +33 - 1 - 44 90 30 00
Fax: +33 - 1 - 44 90 30 30
csn notaires fr
www.notaires.fr