Inheritance, Probate & Wills · European Union
Understand Your Forced Heirship Rights Before the Estate Is Divided
In many European countries you cannot simply be written out of a will — the law reserves a portion of the estate for certain close relatives, whatever the will says. Yet claiming that reserved share across borders is rarely simple. We match you, free of charge, with a vetted inheritance lawyer who understands forced heirship rules in the country that governs your estate, so you know exactly what you are legally entitled to.
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Who this is for
Forced heirship protects close relatives — but the rules differ from country to country
Forced heirship, sometimes called a reserved or legitim share, is the legal principle that a certain portion of an estate must pass to specific close relatives — typically children, and often a surviving spouse — regardless of what the deceased wrote in a will. It exists in many civil-law countries across Europe, while others, such as the United Kingdom and Ireland, follow a different tradition of much broader testamentary freedom. The size of the reserved share, who qualifies for it, and whether the deceased was free to dispose of the rest varies significantly from one legal system to another, and cross-border estates can combine both approaches at once. If you are a child or spouse who has been excluded or underprovided for, understanding which rules apply to you is the difference between a claim and an empty-handed result.
Why heirs get stuck
Forced heirship rules are hidden in national law.
Most people only learn about them after the will is read.
A will that ignores you is not the end of the story in many European countries — but proving your reserved share takes specialist knowledge.
You have been excluded from the will
The deceased left everything to someone else or to charity, and you assume there is nothing you can do. In many countries the law may still reserve you a share — but only if you know it exists and act within the time limits.
You don’t know which law applies
The deceased lived, held assets or was a national of more than one country, and each legal system has different forced heirship rules. Figuring out which law protects you — and how much it protects — is the first and hardest obstacle.
The estate crosses a civil-law and common-law divide
Assets in a country with testamentary freedom sit alongside assets in a country with reserved shares. Unpicking which portion of the estate is protected, and which is freely disposable, confuses heirs and executors alike.
What you get
A lawyer who can tell you what the law reserves for you
We only match you with inheritance lawyers who regularly advise on forced heirship and reserved shares in the relevant country.
Your reserved share calculated
Your lawyer identifies the applicable succession law, works out the size of the reserved share you are entitled to, and explains clearly whether the will’s provisions can be overridden in your favour.
Which law applies, settled first
For cross-border estates your lawyer determines which country’s rules govern, and how forced heirship interacts with any choice of law the deceased made — before any claim is filed.
A claim pursued on time
Forced heirship claims are subject to deadlines that vary by country. Your lawyer files within the correct window and argues your entitlement so your right is not lost through delay.
Protection across multiple assets
Where the estate holds property in several countries, your lawyer coordinates with local specialists so your reserved share is calculated against the whole estate, not just the parts in one place.
Coverage
Forced heirship lawyers across Europe
Forced heirship is governed by national succession law, so the right lawyer is one who practises in the country whose law applies to the estate. We match forced heirship cases across the following countries and beyond:
Frequently asked
Forced heirship — common questions
What is forced heirship?
Forced heirship is the rule, present in many civil-law countries, that a fixed portion of an estate must pass to certain close relatives — usually children and often a surviving spouse — even if the will says otherwise. The deceased can only freely dispose of the portion that exceeds this reserved share.
Which relatives have a reserved share?
Typically children hold the strongest reserved share, followed in many countries by a surviving spouse, and sometimes parents or further relatives. Exactly who qualifies, and in what order, depends on the succession law of the country that governs the estate.
Can a will override my reserved share?
In most forced heirship countries a will cannot wholly deprive you of your reserved share, though the deceased may be able to reduce it within legal limits or dispose of the remainder freely. A lawyer will confirm how far the will can lawfully go in your specific case.
Does forced heirship apply to cross-border estates?
Yes, but it depends on which law governs the succession. The European Succession Regulation allows, within limits, a choice of law that can change whether forced heirship applies. A specialist will establish which rules govern each part of the estate.
What if the deceased chose English law, which has no forced heirship?
Some countries recognise a valid choice of foreign law, which can remove forced heirship protection, while others restrict that freedom. Whether such a choice is effective, and to what extent, is a technical question a cross-border lawyer should assess for your case.
How do I claim my reserved share?
You will normally need to establish your relationship to the deceased, identify the applicable law, and file a claim within the relevant deadline. Because the deadlines and procedures vary by country, acting promptly with specialist advice is essential to avoid losing the right.
Free case review
Find out what the law reserves for you
Tell us about the deceased, the will and your relationship to them, and we’ll connect you with an inheritance lawyer who can confirm your forced heirship rights in the relevant country — free of charge, with no obligation to hire.