Which Rights Do Not Pass to Heirs?
Basic Concepts
Prepared by: Constantinople
Short Answer
Transmission of the inheritance as a whole does not mean every legal relationship of the deceased continues. Certain rights, such as usufruct, end upon death. Whether a non-pecuniary damages claim was asserted previously may matter for transmission. Future periodic payments and claims arising before death are also different. The type of right and the special provisions on which it rests must first be identified.
You may think you can continue a use right enjoyed by your relative or that every payment to them will continue to you. Conversely, you may have been told that termination on death also erased every claim already accrued. Neither generalisation suffices. We separately examine the personal nature of the right, whether it was asserted before death and claims for earlier periods. This distinguishes an ended right from a monetary claim still requiring investigation.
The initial review and second opinion are paid services. The scope, fee and timetable are agreed in writing before work begins.
Personal Usufruct Is Not Ownership
Under TMK 797, a natural person’s usufruct ends on their death. Ownership of the home subject to that right may belong to someone else. We therefore investigate which right was registered in the deceased’s name. Authority merely to use the home or obtain its income does not mean its ownership passed to the heirs.
Prior Assertion of Non-Pecuniary Damages Matters
TMK 25 provides that a non-pecuniary damages claim not asserted by the deceased does not pass to heirs. Existing applications, actions and declarations are examined for that purpose. This must not be confused with relatives’ own damages claims potentially arising because of death. The beneficiaries and legal sources of the two claims may differ.
Future Annuities and Accrued Claims Differ
TMK 176 regulates death terminating specified compensation and maintenance paid as annuities. Termination of future payments and the status of earlier accrued but unpaid amounts are different questions. The judgment, debt type and payment periods are examined. It is incorrect to extinguish every item or regard all payments as continuing in one general statement.
Every Contract Does Not Have the Same Death Rule
Alongside TMK 599, type, personal reliance and special law are investigated. Services, partnerships and other relationships may differ. We do not pronounce all rights ended or continued without the contract, separating completed performance and future personal duties.
What Do We Examine in Your Matter?
Correct Identification of the Right
We establish whether title, contract or judgment concerns ownership, usufruct, a claim or personal performance, beyond everyday descriptions.
Previously Asserted Claim
We examine when and what the deceased asserted through applications and litigation, separating relatives’ own claims.
Period and Payment Records
We compare accrued and future payments to identify items actually affected by termination.
Frequently Asked Questions
My father held usufruct of the home; can I continue it?
TMK 797 and the registered right are examined. Ownership is identified separately; usufruct and owner status must not be confused.
Can we continue the deceased’s damages action for our own grief?
Transmission of their claim differs from relatives’ own harm. Existing action, beneficiary and liability basis must be assessed separately.
Related Inheritance Topics
Related Questions
Reference Sources
Let Us Separate Termination of the Right from the Outstanding Claim
The initial review and second opinion are paid services. The scope, fee and timetable are agreed in writing before work begins.