Technical article
Forced Heirship by Country: What the Law Reserves for Family
Forced heirship means a share of the estate that the law keeps for certain family members.
Picture a man from Texas who lives in France for his last years. He has two children and a second wife. He wants to leave the house to his wife and his savings to a friend. He has always been free to do that at home. He asks how much of his estate he is free to leave as he wishes where he lives now.
The answer depends on the country. Forced heirship means a share of the estate that the law keeps for certain family members. Some countries keep a share of the estate itself. Some give a money claim. Some keep none and allow other claims.
The table
| Place | What the law reserves | Tier |
|---|---|---|
| France | 1/2 of the estate for one child, 2/3 for two, 3/4 for three or more. With no children, 1/4 for the spouse | C |
| Italy | Spouse alone, 1/2. Spouse and one child, 1/3 each. Spouse and two or more children, 1/4 for the spouse and 1/2 for the children. Children without a spouse, 2/3 | U |
| Germany | A money claim worth half the statutory share, for descendants, the spouse and, if there are no descendants, parents | B |
| Switzerland | Since 1 January 2023, spouse and descendants each hold half their statutory share. Parents are no longer forced heirs | B |
| Spain | 2/3 for descendants in general; 1/4 in Catalonia and Galicia; 1/3 in the Basque Country | B |
| Portugal | 2/3 with a spouse and children; 1/2 for a spouse alone or one child | U |
| Netherlands | A money claim of half the child's statutory share, within 5 years | B |
| Colombia | 50% for children, spouse or partner and parents; 25% may favour one heir; 25% is free | U |
| Mexico | No forced share. Alimony claims by dependants | B |
| Panama, Thailand | No forced share | C |
| UK (England and Wales) | No forced share. Dependants can claim under a 1975 Act | B |
| Canada | No fixed shares. Courts can vary a will to provide for dependants. Quebec differs | B |
| Ireland | A legal right share for a spouse or civil partner | A |
Reading the table
A reserved share in the estate itself and a money claim feel different to a family. In Germany the claim is in cash, so it can force the sale of an asset that is hard to sell. It has a three-year limit from the end of the year the claim arose and became known. A waiver needs a notarial deed. In the Netherlands, lifetime gifts may be reduced.
Switzerland counts gifts made in the five years before death, apart from customary occasional gifts. A waiver can be made by public deed. For the standard case Chambers (tier B) says the person is free to dispose of half the estate.
France's figures come from a French legal-information site (tier C), not from the code. Italy, Portugal and Colombia come from a legal wiki and a press article (tier U). Read those three rows as a starting point.
What this means for the man in France
If he has two children, French law keeps 2/3 of his estate for them. His wife and his friend share the remaining 1/3 between them. In a country on the "none" side of the table he would be free to leave it all as he likes, with other claims in play. Across the European Union a person may choose the law of their nationality for the whole estate, which another article here covers.
You could
You could pick the country where you expect to live, find its row, and set it beside your will. You could write down the share it keeps for each person in your family. You could ask a local lawyer how a trust or a lifetime gift is counted there. You could also tell your children what you plan to leave, so nobody learns it at a notary's desk.
Who it touches
Children and a spouse are the people the rules name. Parents are named in some places and no longer in Switzerland. A second spouse, a partner who is not married, a stepchild or a friend meet the reserved shares from the other side.
Which row in this table surprised you? Share it here. Someone may be reading the same row for the first time.
Figures are estimates for planning, based on public data. Date read: October 2026.
Sources
- Chambers Succession and Estate Planning 2026 on Germany, Spain, Switzerland, the Netherlands, Mexico and Canada (B)
- legare.fr on France (C)
- wiki.private.law on Italy and Portugal (U)
- El Cronista on Colombia (U)
- Pardini law on Panama (C)
- ThaiLawOnline on Thailand (C)
- Chambers topic list for England and Wales (B)
- gov.ie on succession rights (A)
Tell us in the comments