Disinheriting by will: what is and is not possible between spouses and legally cohabiting partners?

The statutory inheritance rights of the surviving spouse

Under the law, the surviving spouse is a forced heir. This means that he or she cannot be completely disinherited.

By default, the surviving spouse inherits:

• The usufruct over the entire estate, unless otherwise provided in a will.

By will, this share can be extended or limited, but never completely removed. The surviving spouse is always entitled to at least:

• The abstract reserve: the usufruct over half of the notional estate (i.e. the net assets of the estate, plus certain lifetime gifts made by the deceased), or
• The concrete reserve: the usufruct over the family home and its contents.

This minimum protection is guaranteed by law.

What if there is a relationship breakdown before the divorce is final?

A marriage does not end at the moment of separation, but only when the divorce judgment becomes final. Until then, the surviving spouse remains a forced heir.

However, during the separation period, a partner may draw up a disinheriting will stating that the other spouse should inherit nothing. The effects depend on the factual situation at the time of death.

🔹 Scenario 1:
The spouses have been living apart for more than 6 months and

• one of them has initiated proceedings for separate residence, or
• divorce proceedings have been started.

Result: The surviving spouse inherits nothing, not even the reserved portion.
The will is fully effective.

🔹 Scenario 2:
These conditions are not met.

Result: The surviving spouse retains their reserved rights.
They inherit only the reserved portion, not the full statutory share.

What about legally cohabiting partners?

Legally cohabiting partners enjoy much more limited protection.

By default, without a will, the surviving partner inherits:

• the usufruct over the family home,
• and the usufruct over its contents.

However, importantly, a legally cohabiting partner has no reserved share.

By will, their inheritance rights can be completely removed.
The first to die can therefore fully disinherit their partner at any time.

Conclusion

The possibility of disinheriting a partner strongly depends on the legal status of the relationship:

• Spouses have a legally protected reserved share, except when they have been living apart for at least 6 months and legal proceedings are ongoing.
• Legally cohabiting partners have no reserved inheritance rights and can therefore be fully disinherited by will.

Drawing up a will during a relationship breakdown can be crucial to avoid conflicts and unwanted outcomes. Always seek professional advice.

Questions?

Do you have questions about disinheritance, wills or inheritance law during a relationship breakdown?

Every situation is unique. A properly drafted will can prevent many disputes and unpleasant surprises.

Feel free to contact us for tailored advice. Together, we will determine the safest and most appropriate approach for your situation.

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