Forced heirship
Forced heirship is a system in which rules reserve a share of a person's assets for specified beneficiaries. For owners of businesses, real estate and private investments, the term describes limits on who may receive assets at death in some civil-law systems. The beneficiaries and assets covered vary by jurisdiction.
How it works
Some civil-law systems set aside a share of a parent's assets for younger generations, and some restrict who may receive assets at death.
Beneficiaries and property covered depend on the jurisdiction. Practitioners describe some countries as requiring children to inherit, while other descriptions refer to a surviving spouse and children inheriting local property.
Where it shows up for owners of businesses, real estate and private investments
Forced heirship can apply to an owner's local property in jurisdictions with these rules.
Inheritance systems may reserve a portion for specified beneficiaries. Institutional research contrasts this approach with common-law systems that may permit unequal shares.
Points that are easy to confuse
Forced heirship describes inheritance restrictions in some jurisdictions.
Testamentary freedom is a contrasting concept, not another name for forced heirship. Institutional research says common-law systems may permit unequal shares, while civil-law systems may reserve a share for younger generations.
Common questions
Does forced heirship apply in every country?
No. Rules vary by jurisdiction, including which beneficiaries may have a reserved share and which assets are covered.
Does forced heirship always give children a share?
Some descriptions refer to required shares for children, and institutional research describes civil-law systems that reserve a share of a parent's assets for younger generations. Other descriptions mention surviving spouses and children inheriting local property, so beneficiaries depend on the jurisdiction.