A usufruct will is a different regime

A usufruct will is something other than the statutory division. Under the statutory division the surviving spouse or registered partner receives the assets and the children receive a monetary claim. With usufruct it is a right to use and to the fruits, while ownership can lie elsewhere. The two regimes look alike when someone continues to live in the house. In the file they are not synonyms. Filling in one rule with the words of the other makes the estate inventory incorrect.

The deed determines the scope. Who has the usufruct, over which asset, and who has the ownership, is set out in the will and not in a default of the software. The file names only what the deed names. If a house is under usufruct, that house is the entry and the usufruct is a right over that entry. If the scope is not in the deed that was entered, the fields stay empty. Guessing that it will surely be the whole estate inventory does not belong.

The end and the extent likewise come from the deed. The deed can say when the right ends and what falls under it. The file records that sentence as the source, not an end date chosen by itself. A statutory division does not end in the same way, because there the assets have already been allocated and a claim remains. Whoever puts an end date of the usufruct into the monetary claim mixes two systems. The usufruct entry and the monetary-claim entry stay separate.

On the list of persons involved, someone receives the role the deed gives. Usufructuary is not the same word as surviving spouse under art. 4:13 BW. Owner under the deed is not the same as a child with only a monetary claim. A person can be a spouse in the family and a usufructuary in the deed. Then both facts are there, each with its own source. The program does not derive one role from the other.

Ervazo takes up the deed as a source and does not itself create a usufruct, a deed or a payment. It does not calculate by way of advice. Empty fields stay empty until the scope is in the deed. The deed remains the only source. The civil-law notary, the court or the Dutch Tax Administration (Belastingdienst) decides the specific case. As long as the scope is not in the deed in the file, usufruct remains a label without content.