FRANCE

2. Property, Estate And Probate

French law does not provide for grant of probate or letters of administration. Instead, by operation of the law, the deceased’s estate vests in the heirs immediately on the testator’s death.

As a general rule, French testators are limited in the disposition of their estate by will because they cannot disregard the reserved rights of certain heirs. The part of their estates which testators can bestow freely is called the ‘quotité disponible’. The part reserved for specific heirs is called the ‘réserve héréditaire’. The size of the reserve varies according to the number of such heirs and their degree of relationship to the testator.


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© 2012 Society of Trust & Estate Practitioners