Should it be possible to disinherit one's child?

By Camille Frati, Lex Kleren Switch to French for original article

Under the Civil Code, a parent cannot disinherit a child. This is a long-established safeguard, but one that is difficult to accept for anyone drawing up their will when the relationship has broken down. This is the impasse highlighted by a petition submitted to the Chamber of Deputies a few months ago. Whilst some countries are beginning to make concessions, in the Grand Duchy this principle remains set in stone.

The right to dispose of one's estate – and to decide who will and who will not receive it: this was the demand set out in Petition 3938, tabled in January 2026. "It is about being able to freely bequeath one's assets and property to one or more heirs without being obliged to leave anything to a child who, for example, mistreats their parents or has ignored them for years, or whohas been adopted by another person whilst retaining the right to inherit, or a child who is involved in drugs, etc.", explains the author of the petition. The petition gathered only 111 signatures and was therefore unable to be presented to the Petitions Committee for public debate. This does not detract from the relevance of the issue it raises.

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