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.

Our practical sheets

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