Forced heirship: one half for children and the spouse
Updated on October 24, 2026
The reserved portion is the part of the estate the deceased cannot take away from certain heirs. Since the revision in force on 1 January 2023, article 471 of the Civil Code sets the descendants' reserved portion at half of their statutory share, and that of the surviving spouse or registered partner at half as well. Fathers and mothers no longer have a reserved portion. The freely disposable part is therefore larger. A disposition that encroaches on the reserve may be reduced at the request of the forced heir. The current text is on Fedlex. Accounts from before 2023 that still mention a parental reserve are out of date.
Text of the Civil Code
The reserve is calculated on the statutory share, not on a fixed percentage of the whole estate regardless of the other heirs. ch.ch shows the outline. The actual figure comes from the inventory.