Forced heir

The children of the deceased and, if they do not inherit the estate, their relatives in the descending order (i.e. the deceased’s grandchildren, great grandchildren, etc.) are the forced heirs of the deceased. A forced heir is entitled to a reserved share of the estate.

A forced heir who is a minor must receive at least the equivalent of three quarters of their statutory share. A forced heir who is an adult must receive at least the equivalent of a quarter of their statutory share.

The testator cannot, under a disposition of property upon death, reduce the reserved share of a forced heir who has not renounced the right to the reserved share and has not been disinherited. If a disposition of property upon death conflicts with this, a forced heir is still entitled to the reserved share.

However, the testator may, for legal reasons, disinherit a forced heir.