By virtue of Article 955 of the Civil Code, the assets of the deceased are passed on by legal succession to the extent that no other instructions have been given by a will.

It is possible for part of the deceased’s estate to be passed on under a will and the other part by legal succession.

In addition, the marriage contract can stipulate that the surviving spouse may take one or more joint assets that are held indivisibly or co-owned before the estate is divided up and without consideration. The preference legacy clause may be stipulated for the benefit of each of the spouses or just one of them (Art. 333 of the Civil Code).

To avoid the state of indivision amongst the descendants, the law allows the ascendant to divide the property by donation or a will. (The partition of property of ascendant is governed by the Civil Code, Art. 1160-1163).