Any heir may invite the spouse in writing to exercise his or her option. In the absence of a written decision within three months, the spouse is deemed to have opted for the usufruct.
The spouse is deemed to have opted for the usufruct if he or she dies without having taken part.
The calculation of the spouse’s full ownership right provided for in articles 757 and 757-1 will be made on a mass made up of all the property existing at the death of her husband to which will be fictitiously joined those which he may have disposed of, either by inter vivos deed or by testamentary deed, in favour of successors, without dispensation of report. The spouse may only exercise his…
Gifts received from the deceased by the surviving spouse are deducted from the latter’s rights in the succession. Where the gifts thus received are less than the rights defined in articles 757 and 757-1, the surviving spouse may claim the remainder, without ever receiving a portion of the property greater than the share defined in Article 1094-1.
Any usufruct belonging to the spouse on the property of the predeceased, whether resulting from the law, a will or a gift of future property, gives rise to an option to convert it into a life annuity, at the request of one of the bare owner heirs or of the successor spouse himself.
The conversion option is not subject to renunciation. Co-heirs cannot be deprived of it by the will of the predeceased.
Failing agreement between the parties, the application for conversion is submitted to the judge. It may be introduced until the final partition. If he grants the conversion application, the judge determines the amount of the annuity, the security to be provided by the debtor co-heirs, and the type of indexation suitable for maintaining the initial equivalence of the annuity to the usufruct. However, the judge may not order, against the…
By agreement between the heirs and the spouse, the spouse’s usufruct may be converted into a lump sum.
The conversion of the usufruct is included in the partition transactions. It does not have retroactive effect, unless otherwise agreed by the parties.
If, at the time of death, the successor spouse actually occupies, as his or her principal dwelling, a dwelling belonging to the spouses or wholly dependent on the succession, he or she has by right, for one year, the free enjoyment of this dwelling, as well as the furniture, included in the succession, which furnishes it. If his dwelling was secured by means of a lease or a dwelling belonging…
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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