Inheritance Law When Retaining the Marriage in Westland
In Westland, couples opt for a legal separation to keep the marriage intact, thereby safeguarding inheritance rights between partners. Unlike a full divorce, the surviving spouse typically inherits a significant portion of the estate, unless a will states otherwise. This article is tailored for Westland residents, featuring local examples, tips, and references to the Westland District Court and the Westland Legal Aid Office.
What Does Inheritance Law When Retaining Marriage Mean for Westlanders?
Inheritance law when retaining marriage applies when couples in Westland keep their marriage intact, for example through legal separation via the Westland District Court. The partner remains a legal heir. Without a will, the spouse and children share the inheritance, with the spouse often receiving a substantial portion via the statutory share.
This is popular among Westland horticultural families with religious backgrounds or tax motives, who live financially separately but wish to preserve inheritance rights. In a divorce, the ex-partner is excluded from the inheritance circle, unless provided otherwise in a will.
Statutory Rules for Inheritance Law When Retaining Marriage
The foundation lies in the Civil Code (CC):
- Book 1 CC, art. 157-166: Legal separation via Westland District Court; marriage and matrimonial property regime remain in place.
- 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 of surviving spouse against exclusion by children.
- Art. 4:91 CC: Will conditions do not lapse upon legal separation.
See also: Legal Separation in Westland and Drafting a Will in Westland.
Examples of Preserved Inheritance Rights in Westland
Example: Piet and Anna from Naaldwijk opt for legal separation at the Westland District Court in 2020 for religious reasons. They live separately in their greenhouse properties. Piet passes away in 2025 without a will. Anna inherits:
- Directly half of the estate.
- Usufruct over the remainder, depending on children.
Example 2: Mehmet and Aysun from 's-Gravenzande choose legal separation for tax benefits, such as lower inheritance tax on business assets. Upon Mehmet's death, Aysun inherits the home; a divorce would have changed this.
Rights and Obligations When Retaining Inheritance Rights in Marriage
Rights of the surviving spouse:
- Automatic heir (art. 4:10-13 CC).
- Statutory usufruct on home and household effects in Westland.
- Protection: maximum 50% can be disinherited.
Obligations:
- Inheritance tax scale I (10-20% for spouses).
- Respect children's legitime (50%).
- In separation: joint debts via Municipality of Westland remain.
Comparison: Legal Separation vs. Divorce in Westland
| Aspect | Legal Separation | Divorce |
|---|---|---|
| Inheritance retention | Yes, via Westland District Court | No, ex-spouse excluded |
| Home division | Usufruct intact | Mandatory division |
| Tax benefits | Retained (inheritance tax) | Partially lost |
| Remarriage | Impossible | Possible |
Frequently Asked Questions on Inheritance Retention in Marriage in Westland
Can I disinherit my partner in a legal separation?
Yes, but limited to 50% (art. 4:63 CC). Partner can claim legitime. Contact the Westland Legal Aid Office for advice.
Children from a previous marriage in Westland?
Spouse gets usufruct, children get ownership. A will prevents disputes at Westland District Court (art. 4:13 CC).
Impact of subsequent divorce?
Legal separation can later become divorce; inheritance rights then lapse prospectively, not retroactively.
Do I need a will when retaining marriage?
Not mandatory, but wise for customization like exclusion clauses. Via notary in Westland.
Tips for Westlanders
For optimal inheritance retention in marriage:
- Consult the Westland Legal Aid Office or notary for a will (€200-500).
- Tax check: Scale I rates when retaining marriage.
- Document everything: Settlement agreement in legal separation via Municipality of Westland.
- Consult Westland District Court for procedures.