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

Verified 08 February 2022 - 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.

In case of agreement with the heirs, you can transform the usufruct received into life annuity or capital.

If the conversion of the usufruct is not desired by the heirs, you can ask the judge.

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Agreement with the heirs

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

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

Disagreement with heirs

If you disagree with the heirs non-owners, you may apply to the court for the usufruct to be converted into a life annuity.

Transformation into capital is not possible.

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.

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.