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Protecting the surviving spouse
Joint protection
What rights does the law give him?
Heirs present Spouse rights Descendants, all born of marriage. The spouse can choose between:
- the usufruct of all the property of the deceased
- 1/4 of the property Some descendants are not born of the marriage1/4 of the property No descendant, but the father and mother of the deceased1/2 of the property No descendant, but the father or mother of the deceased3/4 of the property No descendant, father and mother of the deceased The spouse collects all the property
Half of the property that the deceased received from his father and mother, by gift or inheritance, belongs to the brothers and sisters of the deceased or their descendants.
The surviving spouse may also:
• Use the couple's main residence and the furniture that furnishes it for free for one year,
• Use the couple's principal residence and furniture until their 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 will then be able to choose between:
• the usufruct of all the assets,
• 1/4 of the property in full ownership and 3/4 in usufruct,
• the share of property that does not belong to the children, by the effect of the law.
It is also possible to make a will to leave your spouse a larger part of his estate, 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.
Heirs present Spouse rights Descendants, all born of marriage. The spouse can choose between:
- the usufruct of all the property of the deceased
- 1/4 of the property Some descendants are not born of the marriage1/4 of the property No descendant, but the father and mother of the deceased1/2 of the property No descendant, but the father or mother of the deceased3/4 of the property No descendant, father and mother of the deceased The spouse collects all the property
Half of the property that the deceased received from his father and mother, by gift or inheritance, belongs to the brothers and sisters of the deceased or their descendants.
The surviving spouse may also:
• Use the couple's main residence and the furniture that furnishes it for free for one year,
• Use the couple's principal residence and furniture until their 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 will then be able to choose between:
• the usufruct of all the assets,
• 1/4 of the property in full ownership and 3/4 in usufruct,
• the share of property that does not belong to the children, by the effect of the law.
It is also possible to make a will to leave your spouse a larger part of his estate, 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.
Good to know
The surviving spouse, like the pacs partner, benefits from a total exemption from inheritance tax, provided however that the latter is appointed by will.
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