No. To be able to benefit from the lifetime right provided for by article 764 of the Civil Code, the accommodation must belong to the spouses or depend totally on the estate. However, if the accommodation was held by the deceased in joint ownership with a third party, the spouse…
Frequently asked questions about Succession
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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…
Yes. Article 754 paragraph 4 of the Civil Code provides that one can represent the person whose inheritance has been renounced. Even if the children have renounced the estate of their predeceased father, they can re present him in the estate of their grandfather.
It depends. If it was your main residence at the time of death, Article 764 grants you a lifelong right of use and occupancy (including furniture). If it was a secondary residence, they may require you to leave since the law does not grant usufruct without agreement (Civil Code, Article…
No. If there is no spousal gift (also known as a “gift to the last living”), the law provides that the surviving spouse may only claim one-quarter of the estate in full ownership when the deceased leaves children from another union (Art. 757 Civil Code). Good to know: a spousal…