Das eheliche Erbrecht in Frankreich (djbZ 2/2021 | pages 59-104)

Matrimonial Inheritance Law in France

The situation of the surviving spouse is fundamentally different in France and in Germany. On the one hand, in France the surviving spouse has the option of receiving a usufructuary right on the entire estate. On the other hand, he or she is not entitled to a legal share (réserve héréditaire) if the deceased person had children, so that in principle he or she can be disinherited by testamentary disposition. However, the surviving spouse is protected by the matrimonial property law and by a right of residence. Moreover, the surviving spouse is exempt from inheritance tax in France.

Read an extract from the article by Edith Aupetit here (in german). The magazine (djbZ 2/2021| 24th year | pages 59-104) and thus also the complete article can be purchased from Nomos-Verlag.



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