When the surviving spouse receives all or three quarters of the property, the ascendants of the deceased, other than the father and mother, who are in need benefit from a claim for maintenance against the estate of the predeceased.
The time limit for claiming this is one year from the date of death or the date on which the heirs cease to pay the benefits they previously provided to the ascendants. The period is extended, in the case of joint ownership, until completion of the division.
The pension is deducted from the estate. It is borne by all the heirs and, in the event of insufficiency, by all the legatees by particular title, in proportion to their emolument.
However, if the deceased has expressly declared that such a legacy shall be paid in preference to the others, article 927 shall apply.