When do brothers and sisters inherit in French law?

When do brothers and sisters inherit in French law?

Sènakpon Gbassi

January 14, 2025

Article 734 of the French Civil Code, in the version in force since 01st July 2002, establishes four categories of heirs, in the absence of a surviving spouse:

 1st The children and their descendants;

2nd The father and mother; the brothers and sisters and their descendants;

3rd The ascendants other than the father and mother;

4th The collateral relatives other than the brothers and sisters and their descendants;

Each of these four categories constitutes an heir order that excludes the following.

Articles 737 and 738 of the French Civil Code establishes since 01st July 2002 that the brothers and sisters of the deceased inherit:

1.      When the father and mother survive the deceased and the latter has no issue, but brothers and sisters or descendants of these, the inheritance is transferred, for a fourth, to each the father and mother and, for the remaining half, to the brothers and sisters or their descendants;

2.      When only one parent survives, the inheritance is transferred for a fourth to the parent and three quarters to the brothers and sisters or their descendants;

3.      When both parents have died before the deceased and the latter has no issue, the brothers and sisters of the deceased or their descendants succeed, excluding other relatives, ascendants or collateral;

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