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Surviving Spouse Rights in Inheritance Matters
Surviving spouse rights vary depending on whether the deceased left descendants or not
The rights of a surviving spouse vary depending on whether the deceased left descendants from a previous union and whether or not they left surviving parents.
The rights of surviving spouses have been officially established.
Historically, they were granted very little. The deceased’s parents would not hesitate to kick the surviving spouse out!
Today, the surviving spouse is a full heir, a fact that does not always sit well with the deceased’s children from a previous marriage…
The cases handled by my firm show that the children of the deceased often feel sidelined from the inheritance, as their late parent’s surviving spouse takes their place in the line of succession. This is a source of significant tension, as there are often suspicions that the marriage was arranged for financial gain, leading to doubts regarding the true nature of the couple’s relationship.
If the children are from the same couple, the surviving spouse may choose between a life interest in the entire estate or a one-quarter ownership of the estate in full ownership (Article 757 of the Civil Code).
If the children are not from the most recent marriage, but from a previous union of the deceased, the surviving spouse has no choice: they receive a one-quarter share of the estate in full ownership. This approach has the advantage of preventing family disputes, as it avoids the need to jointly manage assets held in joint ownership.
With no children of their own whether from a current or a previous union, the surviving spouse inherits the entirety of the estate of the deceased (Article 757-2 of the Civil Code), while other close relatives (grandparents, brothers, sisters, etc.) are entirely excluded and have no legal claim to any inheritance.
Furthermore, the surviving spouse has the right to reside in the primary residence, including all its furnishings, for one year, and the deceased’s heirs shall be responsible for paying the rent in the event of a lease.
This rule does not apply when the couple’s primary residence was owned by a real estate investment company (SCI), even if the spouses were the only two partners.
Survivor’s rights
In the absence of any descendants of the deceased
If both of the deceased’s parents are living, the surviving spouse holds a 1/2 undivided interest, while each of the deceased’s parents receives one-quarter.
If only one parent is still living, the surviving spouse receives ¾ of the estate
If neither parent is living, the surviving spouse inherits the entire estate
In the presence of the deceased’s descendants
With one or more children all born to the couple, the surviving spouse may choose between a life interest in the entire estate or a one-quarter share in full ownership; the children inherit based on this choice, receiving either the full bare ownership or three-quarters in full ownership.
If one or more children are from a previous relationship of the deceased, the surviving spouse has no choice: they inherit a one-quarter undivided interest.
