Tuesday, May 8, 2007

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I - IMPROVEMENTS TO THE SURVIVING SPOUSE

December 3, 2001 law gave the joint estate a better place and assigned a specific right to housing and a pension.


Rights of surviving spouse (intestacy) - Estates open from 1 July 2002

Parents left by the deceased in addition to the surviving spouse

- Children from both spouses: ¼ freehold or 100% in usufruct (Article 757)
option - Presence of a child born outside marriage: ¼ full ownership (Article 757)
- Father and mother of the deceased: ½ freehold (Article 757-1)
- Father or mother of the deceased ¾ full ownership (Article 757-1)
- Brother and sister of the deceased: 100% freehold property except for Family (donation parents estates) who are half brothers and sisters of the deceased. (Articles 757-2 and 757-3)

* The Act of June 23, 2006 brought a change to section 757-3. For estates beginning on 1 January 2007, the right of return is extended to all goods received or inherited from an ascendant (father and mother, grandparents, etc.). predeceased common which are found in nature in the estate.

* The Act of December 3, 2001 is not of public order but only a proxy for most of its provisions.

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