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The duty of care that children have towards their parents in France

Many people are aware that, under French law, it is not possible to disinherit your children, except in specific circumstances, and that your children will be entitled to a share of your estate.
However, very few people are aware that children in France can also be required to provide for their parents (obligation alimentaire). This care can be financial, such as paying care home fees, or non-financial, such as providing their parents with a residence and/or food. This duty can also extend to grandchildren, who must care for their grandparents, and to parents-in-law.  
Parents or grandparents who can no longer care for themselves can make an informal demand or apply to the court.

This law is currently being reviewed by the French Senate following requests from children who were victims of abuse at the hands of their parents, as the law currently only provides for very restrictive exemptions for victims of abuse.  

If you would like any advice on succession planning across French assets, we have a dedicated Cross-Border team with French expertise who are on hand to help. Please get in touch today. 

children have an obligation to help a parent or step-parent who is unable to meet their basic needs (food, shelter, care, clothing...). This is calledmaintenance obligation. It shall take the form of financial aid or in kind. This assistance varies according to the income and expenses of the child (or the person who will pay it) and the parent who will receive it. We give you the information you need to know.

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individuals, estate planning, family law, dispute resolution, international and cross-border