Usufruct and Inheritance: Legal Advice

Questioner

I have a question about usufruct My mother has a brother and a sister. Now the sister has the usufruct on the parental home. All this is notarially recorded. The usufruct has lasted for 17 years now. Now it is the case that the brother claims his share of his inheritance. But can my uncle claim this and what are the consequences of this.

Lawyer

It depends on what has been arranged regarding the inheritance. I expect that the usufruct has been arranged in the will of one of the parents? In that case, there is a good chance that it has also been stated that the inheritance is not claimable for your brother. In order to be able to answer your question, it must therefore be clear what is stated in the will.