Can the usufruct of the surviving spouse be converted into an annuity or capital?

Verified 18 January 2024 - Directorate for Legal and Administrative Information (Prime Minister)

If you are the spouse of the deceased, you inherit usufruct of all or part of the estate. You can, under conditions, transform the usufruct received into life annuity. You can also transform usufruct into capital but only with the agreement of all the heirs.

Life annuity

The arrangements for converting the usufruct received into life annuity are different depending on whether the heirs agree or disagree to do so.

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Agreement with the heirs

If you agree with the heirs non-ownersThen you decide with them how to convert the usufruct into a life annuity.

You can use a notary to determine the value of the usufruct to be converted.

In particular, the amount of the annuity and its indexation must be fixed in a conversion agreement.

Disagreement with heirs

If you disagree with the heirs non-owners, you can request the conversion of usufruct into life annuity to the judge.

Address your application to the court of the deceased's domicile.

You will have to attach all the documents concerning the estate provided by your notary.

Who shall I contact

If the judge accepts your application, he will determine the amount of the annuity and the method of indexing.

Please note

the judge cannot impose the conversion of the usufruct on the main dwelling and its furniture into a life annuity.

You can transform the usufruct to splitting final of the goods.

Capital

The possibility of converting usufruct into capital depends on the agreement of the heirs.

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Agreement with the heirs

You must agree with all heirs non-owners to convert usufruct into capital.

You then decide with them how to convert the usufruct into capital.

You can use a notary to determine the value of the usufruct to be converted.

In particular, the amount of capital must be fixed in a conversion agreement.

You can transform the usufruct to splitting final of the goods.

Disagreement with heirs

If you disagree with the heirs non-owners, the conversion of usufruct into capital is not possible.

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