In the absence of a will, who inherits and how much?
Last update: 10/3/2012
Where there is no will, the following principles apply to the various scenarios:
- If the deceased was unmarried and without children, the parents, brothers and sisters inherit in equal shares in principle, subject however to each parent always inheriting at least a quarter.
- If the deceased was unmarried and leaves children, the inheritance is divided equally between the latter.
- If the deceased leaves a spouse and no children, the surviving spouse inherits.
- If the deceased leaves a spouse and children, the surviving spouse and children inherit.
Do partners of a registered or unregistered partnership inherit?
Yes, if one of the partners dies, the surviving partner has a legal right of inheritance. On the other hand, a cohabitee has no entitlement to the inheritance. Consequently, he/she will only inherit if there are provisions in a will to this effect.
Detailed information
In order to qualify as an intestate heir one must be alive or exist at the time the deceased’s estate devolves. (art. 4 :9 CC)
Upon the death of a person, the heirs succeed by operation of law (seisin) to the rights capable of transmission and to whatever the deceased possessed or held. By operation of law they become obligor of the liabilities and obligations of the deceased that are not extinguished by his/her death. (art. 4 :182 CC)
The intestate heirs are divided by law into four groups: 1. the spouse and the descendants, 2. the parents, brothers and sisters and descendants of brothers and sisters, 3. other progenitors and 4. other collateral relations up to and including the sixth degree.
A person in a lower group cannot inherit as long as there are persons available in a higher group.
In the absence of a will, the following principles apply:
If the deceased was unmarried and without children, the estate devolves to the parents entitled to inherit and to their descendants (brothers and sisters of the deceased) (Art. 4:10b CC).
If the deceased was unmarried and leaves children, the estate is divided equally between the children (art. 4:10a CC).
If the deceased leaves a spouse, the surviving spouse obtains the whole estate (art.4:10a CC).
If the deceased leaves a spouse and children, the children inherit with the spouse in equal shares but the surviving spouse shall acquire the assets of the deceased’s estate by operation of law. Settlement of the estate shall be for the account of the spouse. Each of the children shall acquire as an heir by operation of law a right to a pecuniary claim due by the spouse corresponding to the child’s share in the deceased’s estate. This claim shall be exigible if the spouse is declared bankrupt or if a personal debt relief arrangement has been declared with respect to the spouse or when the spouse has died. (art. 4:13 CC)
What are the rights in the succession of partners of registered or non-registered partnerships?
Registered partners (geregistreerd partners) have the same rights as a spouse. (art. 4:8 sub 1 CC) Non-registered partners do not inherit by law.
