Concept
Forced heirship is a rule under which part of an estate is reserved for certain close relatives regardless of the testator's wishes. A will cannot bypass them: the court will reduce dispositions that violate the protected share.
This is a dividing line between two legal families. Continental law (France, Spain, Germany, Russia, UAE) reserves a share for the family; common law (United Kingdom, USA) proceeds from testamentary freedom.
🍓 In civil law, part of the estate is reserved for close relatives (réserve, legítima, statutory share) and cannot be overridden by a will; in common law, testamentary freedom applies.
Russia: Statutory Share
Under Art. 1149 of the Civil Code of the Russian Federation, minor and disabled children, disabled spouse and parents, as well as disabled dependents receive at least half of the share they would have been entitled to under intestate succession—regardless of the will.
Europe: Réserve and Legítima
France reserves the majority of the estate for children (réserve héréditaire): with one child—half, with two—two thirds, with three or more—three quarters. Spain divides the estate into three parts, one of which (legítima) is reserved for children. Germany gives bypassed close relatives a monetary Pflichtteil—half of the statutory share.
UAE and Sharia
In the UAE, succession by default is governed by Sharia with fixed shares. Since 2020–2022, non-Muslims can choose to apply the law of their country and execute a will in the DIFC or ADGM registries, but real estate in the emirates remains a sensitive area.
⚙️ Forced heirship is tied to the testator's domicile or residence and to the location of real estate. Assets in a "reserve" jurisdiction may fall under the protected share even if the testator himself lives where there is none.
How to Work with This
🔗 Related
Applicable Law and Brussels IV · Succession Planning · Applicable Law and Brussels IV · Personal and Succession Fund · Private Foundations
Planning tools include choice of applicable law (where permitted), trusts and foundations, lifetime gifts, life insurance, and prenuptial agreements. The goal is not to "circumvent the law," but to align distribution with the mandatory rules of all relevant countries.
💡 In the EU, the statutory share can sometimes be shifted by choosing the law of nationality—see Applicable Law and Brussels IV.
⚠️ Gifts made "on the eve" of death in many countries are brought back into the calculation of the statutory share (clawback). Bypassing the reserve at the last moment will not work—planning must be done in advance.
This material is for informational purposes only and does not constitute individual legal advice.