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Distribution of the inheritance in a legal succession (table)

Before any property is distributed, the surviving spouse receives half of the net value of the family patrimony and the property to which he or she is entitled under your matrimonial regime. Specific rules govern the distribution of the remainder of the succession. These rules are as follows:

  • If you leave a spouse and children, your spouse is legally entitled to one-third of the succession, your children to two-thirds.
  • If you have no children but are survived by your spouse and parents, two-thirds of the succession is legally the surviving spouse’s, while one-third is rightfully your father and mother’s. Any siblings you may have do not inherit.
  • If you have no children or living parents but are survived by your spouse and brothers and sisters (or by the children of a deceased brother or sister), the surviving spouse is legally entitled to two-thirds of the succession, privileged collaterals to one-third.
  • If you have children but no spouse, the entire succession goes to your children.
  • If you have no spouse or children, the succession devolves to your parents, your siblings and the siblings’ children. If there are no such relatives, the property is distributed to the other direct ascendants or collaterals.

The following table shows how a succession is divided when there is no will.

Last update: February 23, 2023

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