What is the forced heirship in an inheritance?

The short answer

The forced heirship is a legal protection for certain heirs. If you are the child of the deceased, you have the right to at least half of what you would inherit if there was no will. You can always claim this right, even if the will completely disinherits you. Spouses also have the right to a forced heirship. The forced heirship ensures that close family members are never completely excluded from the inheritance.

What does the law say?

The right to a forced heirship is laid down in the Civil Code. The law protects children and spouses against complete disinheritance. For children, the forced heirship is always half of their legal inheritance share. This means that if you would inherit one quarter without a will, your forced heirship is one eighth. The law gives the forced heirs the right to demand their share, even against the will of the testator.

What should you watch out for?

Note that you have to actively claim your forced heirship - it does not happen automatically. You have five years to file your claim from the moment you know about the inheritance. Gifts that the deceased made during his lifetime are also counted in the calculation. Sometimes it can be wise to waive your forced heirship if the estate consists mainly of debts.

Example from practice

Jan passes away and leaves €400,000 to his new partner, while disinheriting his two children through his will. Without a will, the children would each have inherited €200,000 (together half of the inheritance). Their forced heirship is therefore each €100,000 (half of €200,000). The children can claim this €200,000 together from the new partner. This is how the law protects them against complete disinheritance.

What can you do?

Start by calculating your legal inheritance share to determine your forced heirship. Then gather all information about the estate and any gifts.