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).
Frequently asked questions about Succession
Other themes
A question ? Need help ?
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…
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…
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."…
No. When requested by the surviving spouse, preferential allocation is a legal right (Art. 831-3 Civil Code).