Our practical sheets

Our practical sheets

Protecting the surviving spouse

Information transmission of a real estate (succession)

What rights does the law give him?

Present heirs Rights of the spouse
Descendants, all born of the marriage Spouse can choose between:
-usufruct of all of the deceased's property
- ¼ of the property
Some descendants not born of the marriage ¼ of the property
No descendants, but the decedent's father and mother ½ of the property
No descendants, but decedent's father or mother ¾ of the property
No descendants, but father and mother of decedent Spouse receives all property
Property received by decedent from father and mother, by gift or inheritance, reverts one-half to decedent's siblings or their descendants

The surviving spouse may also:

  • - Use the couple's principal residence and furnishings free of charge for one year,
  • - Use the couple's main residence and furniture until his or her death, if they are part of the estate.

How to protect your spouse?

It is possible to make a donation to the last living person before the notary. The surviving spouse can then choose between :

  • - theusufruct of all the property,
  • - ¼ of the property in full ownership and ¾ in usufruct,
  • - the share of the property that does not go to the children, by operation of law.

It is also possible to make a will to leave a larger share of the estate to the spouse, while respecting the rights of the children.

Note: the surviving spouse does not pay any inheritance tax on the property he or she receives, regardless of its value.