Inheritance Law When Retaining the Marriage in Delft
In a separation from bed and board in Delft, your marriage remains legally intact. This preserves the inheritance rights between spouses, unlike a full divorce. The surviving spouse typically receives a significant portion of the estate, unless a will provides otherwise. This article offers explanations, examples, and tips tailored for Delft residents, with references to local resources such as the Legal Aid Office in Delft.
What Does Inheritance Law When Retaining the Marriage Mean for Delft Residents?
Inheritance law when retaining the marriage applies when couples in Delft keep their marriage intact, for example through a separation from bed and board. The spouse remains a legal heir. Without a will, the spouse and children inherit jointly, with the surviving spouse often receiving a large share due to the statutory spousal portion.
This is crucial in a separation from bed and board in Delft, where you live separately but retain the marriage. Reasons may include religion, tax benefits, or preserving inheritance rights. Unlike divorce, which excludes the ex-spouse, inheritance succession remains intact. In Delft, proceedings are filed with the District Court of The Hague.
Statutory Rules for Inheritance Law When Retaining the Marriage
The rules are set out in the Civil Code (CC):
- Book 1 CC, art. 157-166: Separation from bed and board; marriage and matrimonial property regime remain (unless limited).
- Book 4 CC, Title 1 (art. 4:1 et seq.): Spouse as reserve heir with 50% plus child's share, or everything if no children.
- Art. 4:13 CC: Protection for the surviving spouse against children.
- Art. 4:91 CC: Will conditions do not lapse in separation from bed and board, unlike divorce.
See also: Inheritance Law After Divorce in Delft and Drafting a Will in Delft.
Examples of Preserving Inheritance Rights for Delft Residents
Example: Jan and Maria from Delft city center opt for separation from bed and board in 2020 for religious reasons. They live apart, but the marriage continues. Upon Jan's death in 2025 without a will, Maria inherits:
- Half of the estate outright.
- Usufruct over the remainder, depending on children.
Example 2: Ahmed and Fatima in Delft-Poptahorn choose separation from bed and board for tax reasons (lower inheritance tax). Upon Ahmed's death, Fatima inherits the home seamlessly, which would not be possible after divorce.
In divorce, the ex would inherit nothing without a new will.
Rights and Obligations When Preserving Inheritance Rights in Delft
Rights of the surviving spouse:
- Automatic heir (art. 4:10-13 CC).
- Statutory usufruct on home and furnishings, ideal for Delft canal houses.
- Protection: maximum 50% can be disinherited.
Obligations:
- Inheritance tax (Scale I: 10-20% for spouses).
- Room for children's legitime (50%).
- In separation: joint debts remain; notify the Municipality of Delft.
Comparison: Separation from Bed and Board vs. Divorce in Delft
| Aspect | Separation from Bed and Board | Divorce |
|---|---|---|
| Inheritance Preservation | Yes, via District Court of The Hague | No, ex-spouse excluded |
| Property (Delft) | Usufruct intact | Divided via municipality |
| Tax Benefits | Fully preserved | Partly lost |
| Remarriage | Not possible | Possible |
Frequently Asked Questions About Preserving Inheritance Rights in Delft
Can I disinherit my spouse in a separation from bed and board?
Yes, but limited to 50% (art. 4:63 CC). Spouse can claim legitime. Contact the Legal Aid Office in Delft or a notary.
What about children from a previous marriage?
Spouse gets usufruct, children get ownership (art. 4:13 CC). A will prevents disputes; advice available at Legal Aid Office in Delft.
Impact of subsequent divorce?
Separation from bed and board can later convert to divorce; inheritance rights then lapse prospectively, not retroactively.
Is a will needed when retaining the marriage?
Not mandatory, but advisable for customization. Local notaries in Delft assist from €200.
Tips for Delft Residents
Make optimal use of inheritance law when retaining the marriage:
- Visit Legal Aid Office in Delft: Free advice on separation and inheritance.
- Check tax implications: Scale I tax lower for spouses.
- Draft a settlement agreement: Document arrangements at the District Court of The Hague.
- Consult a local notary: For a will with clauses, €200-500.