No charges, conditions, or burdens may be imposed on the legitime except those expressly authorized by law, such as a usufruct in favor of a surviving spouse or placement of the legitime in trust.1
The decedent may grant a usufruct to the surviving spouse over all or part of the decedent’s property, including the forced portion, and may grant the usufructuary the power to dispose of nonconsumables as provided in the law of usufruct.2 The usufruct shall be for life unless expressly designated for a shorter period and shall not require security except as expressly declared by the decedent or as permitted when the legitime is affected.3 Security can be demanded from the surviving spouse by a forced heir who is not the child of that spouse.4 The requirement of security is not “automatic;” a forced heir “may request” such security, and the court “may order” such security as is necessary.
A usufruct can extend to movables, including cash, which is classified as a “consumable thing.”5 In that case, the usufructuary has the right to spend those funds; the usufruct continues to exist over the items purchased.6 Thus, consumable movables may be completely consumed by the usufructuary, and the naked owner has little recourse except a possible claim against the usufructuary or the usufructuary’s succession when the usufruct ends.7 “Nonconsumable things” include land, houses, and furniture.8 The usufructuary has the right to use and possess these things but not to alienate them.9 Nonconsumables can be sold with the permission of the naked owner(s), and the usufruct attaches to the proceeds of the sale unless the parties agree otherwise.10 A usufruct may be terminated for non-use or abuse of enjoyment and duties.11