Which Countries & Jurisdictions Impose “Forced Heirship”?

Global Investments 
June 13th, 2026

For individuals with assets in multiple countries, forced heirship is one of the most significant estate planning constraints.

In most common-law jurisdictions, the principle of testamentary freedom is paramount: you may leave your assets to whomever you choose, subject only to claims under family provision legislation by dependants who can demonstrate that reasonable financial provision was not made for them. The law does not guarantee any family member a fixed share.

In much of the rest of the world, the picture is quite different. Forced heirship is a legal mechanism that guarantees certain relatives, typically children and sometimes spouses, a minimum proportion of the estate that cannot be taken away by will. Any attempt to exclude or reduce their share below the protected minimum is either void or gives rise to a compensatory claim.

This guide explains which major jurisdictions impose forced heirship, what the protected shares are, and the planning strategies available to mitigate or work within these rules…