When do brothers and sisters inherit under French law?

This article sets out the rules of intestate succession applicable to siblings under French law.

Orders of heirs under French law

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:

1. Children and their descendants
2. Father and mother, brothers and sisters and their descendants
3. Ascendants other than the father and mother
4. Collateral relatives other than brothers and sisters and their descendants

Each order excludes the following ones. Brothers and sisters therefore belong to the second order, alongside the parents of the deceased.

Conditions under which brothers and sisters inherit

Articles 737 and 738 of the French Civil Code set out the situations in which brothers and sisters are called to the estate.

Presence of both parents of the deceased

Where the deceased:

• leaves no descendants,
• is survived by both father and mother,
• and leaves brothers and sisters or their descendants,

the estate is distributed as follows:

• one quarter to the father,
• one quarter to the mother,
• the remaining half to the brothers and sisters or their descendants.

Brothers and sisters share this half equally, subject to the rules of representation.

Presence of only one surviving parent

Where:

• only one parent survives the deceased,
• the deceased leaves no descendants,
• and leaves brothers and sisters or their descendants,

the estate is distributed as follows:

• one quarter to the surviving parent,
• three quarters to the brothers and sisters or their descendants.

Absence of the deceased's parents

Where:

• the father and mother predeceased the deceased,
• the deceased leaves no descendants,

the brothers and sisters, or their descendants, inherit the whole of the estate, to the exclusion of any other relatives. They then become the principal heirs of the deceased.

Brothers and sisters and forced heirship

No status as protected heirs

Brothers and sisters are not protected heirs. They may therefore be entirely excluded from the estate by will, subject to compliance with the rights of any protected heirs, in particular descendants.

Reminder concerning parents

Since the reform introduced by the Act of 23 June 2006, which entered into force on 1 January 2007, parents are no longer protected heirs. They may also be excluded from the estate, subject to the specific mechanism of the statutory right of reversion.

Practical issues and international successions

Where the estate involves a foreign element, in particular property located in Spain, it is necessary to:

• determine the civil law applicable to the succession,
• identify precisely the status and rights of the heirs,
• verify the existence of a will.

French rules on the inheritance rights of brothers and sisters may continue to apply, even where succession proceedings are carried out abroad.

For further information

For a comprehensive analysis of successions involving several countries and different orders of heirs, you may consult the following pages:

• Inheritance in Spain
• Inheritance tax in Spain
• Wills in Spain