France: Inheritance rights for surviving spouses

Under French law, the rights of a surviving spouse regarding inheritance are determined by the presence of children or ascendants. Since 2001, legal reforms have granted spouses more significant inheritance rights.

In cases where the deceased and the spouse share children, the survivor can choose between the usufruct of all assets or full ownership of one-quarter of the estate. If the deceased had children from previous unions, the spouse is entitled to one-quarter of the assets. If there are no children, the spouse's share depends on the deceased's parents: the spouse receives half if both parents are alive, three-quarters if one is alive, and the entire estate if both parents are deceased.

Regarding housing, the surviving spouse is granted a temporary right to occupy the shared residence for one year, free of charge, regardless of whether the property was owned solely by the deceased or jointly. If the residence was a rental, the estate is responsible for the rent during this year. While a deceased person can use a will to prevent a spouse from having a life interest in the home, they cannot revoke the initial one-year right of occupancy.