Inheritance agreement: a notarial deed, not a letter between heirs

Updated on October 24, 2026

An inheritance agreement is a contract by which a person binds themselves to another about their estate. Article 512 of the Civil Code requires authentic form, before a notary, with the parties. A private writing or a will signed only by the future deceased is not such an agreement. It may institute an heir or contain a waiver. It is not revoked by a later will alone. The statute provides grounds for termination and, in principle, the parties' agreement. It must respect the reserve of heirs who did not consent.

Text of the Civil Code

A forced heir's advance waiver of the reserve also requires this form. A spoken waiver at a family meal has no such effect.

Sources

Inheritance agreement | Avocados AI