Frequently asked questions about Succession

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I chose usufruct in my late husband’s estate. His children (bare owners) now want to convert my usufruct in the main residence into capital. Can they force me?

No. The law allows conversion of usufruct into money in the form of a life annuity (Civil Code, Article 759). Without agreement, the judge decides (Article 760). However, if the usufruct concerns the surviving spouse’s main residence, the judge cannot order conversion against the spouse’s will (Article 760).
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My father passed away a long time ago. My paternal grandfather has just passed away. My brother and I are his heirs. Can each of us benefit from the €100,000 tax allowance applicable to children?

No. When an heir has predeceased (in this case, your father died before his own father), his heirs represent him in the estate to be settled. For the mechanism of representation to apply, there must be a plurality of branches (in practical terms, your father would have needed to have…
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Who owns the furniture in a usufructuary apartment?

Gift-sharing: My wife owns a house, while her mother has the usufruct of one of the 2 apartments. Who will own the furniture when her mother dies? the bare owner or the heirs? If the gift concerns real estate, the furniture is not included in the gift unless this was…
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I have just learned that my father is very indebted. To protect myself, can I already renounce his inheritance before his death?

No. Articles 720 and 722 of the Civil Code state that "inheritances open upon the death of the deceased" and that "all agreements aimed at creating rights or renouncing rights to all or part of an unopened inheritance or any of its assets only take effect if authorized by law."…
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