Inheritance Rights When Retaining the Marriage in Zoetermeer
In a separation from bed and board in Zoetermeer, the marriage remains legally intact. This means spouses retain their inheritance rights, unlike in a full divorce. The surviving spouse typically receives a significant portion of the estate, unless a will provides otherwise. This article is tailored for Zoetermeer residents, featuring examples, tips, and references to local institutions such as the Zoetermeer District Court.
What Do Inheritance Rights When Retaining the Marriage Mean for Zoetermeer Residents?
Inheritance rights when retaining the marriage apply when spouses keep their marriage intact, for example through a separation from bed and board. In the Netherlands, and thus in Zoetermeer, the spouse is a default heir. Without a will, the partner and children share the estate, with the partner often receiving a large portion via the statutory usufruct share.
This often arises in cases of separation from bed and board, approved by the Zoetermeer District Court. Couples then live separately in terms of finances and daily life but maintain the marriage for religious, tax, or inheritance reasons. Unlike divorce, where the ex-spouse is excluded from inheritance rights (unless specified in a will), the spouse remains an heir here.
Statutory Rules for Inheritance Rights When Retaining the Marriage
The foundation lies in the Civil Code (CC):
- Book 1 CC, art. 157-166: Governs separation from bed and board at the Zoetermeer District Court. The marriage persists, including the matrimonial property regime (unless modified).
- Book 4 CC, Title 1 (art. 4:1 et seq.): Spouse as reserve heir with standard 50% plus child’s share, or everything if no children.
- Art. 4:13 CC: Protection for the surviving spouse against exclusion by children.
- Art. 4:91 CC: Will provisions lapse upon divorce, but not upon separation from bed and board.
See also: Inheritance Rights After Divorce and Drafting a Will in Zoetermeer.
Examples of Inheritance Rights When Retaining the Marriage in Zoetermeer
Example: Jan and Maria from Zoetermeer opted for separation from bed and board at the Zoetermeer District Court in 2020 for religious reasons. They live separately. Upon Jan's death in 2025 without a will, Maria inherits:
- Half outright.
- Usufruct over the remainder (statutory), depending on children.
Example 2: Ahmed and Fatima from Zoetermeer choose separation from bed and board for tax benefits, such as lower transfer tax. Upon Ahmed's death, Fatima inherits the home in Zoetermeer, which would not occur in a divorce.
In a full divorce, the ex inherits nothing without a new will.
Rights and Obligations Regarding Inheritance Rights When Retaining the Marriage
Rights of the surviving spouse:
- Automatic heir (art. 4:10-13 CC).
- Statutory usufruct on the home and furnishings in Zoetermeer.
- Protection against disinheritance: maximum 50% disinherit able.
Obligations:
- Pay inheritance tax (Scale I: 10-20% for spouses).
- Account for children's legitimate share (50% of inheritance share).
- In separation from bed and board: joint debts remain.
Comparison: Separation from Bed and Board vs. Divorce in Zoetermeer
| Aspect | Separation from Bed and Board | Divorce |
|---|---|---|
| Retention of Inheritance Rights | Yes, via Zoetermeer District Court | No, ex excluded |
| Home Division | Usufruct retained | Divided via Zoetermeer Municipality |
| Tax Benefits | Retained (inheritance tax) | Partly lost |
| Remarriage | Not possible | Possible |
Frequently Asked Questions on Inheritance Rights When Retaining the Marriage in Zoetermeer
Can I disinherit my spouse in a separation from bed and board?
Yes, but limited to 50% (art. 4:63 CC). Spouse can claim legitimate share. Contact Het Juridisch Loket Zoetermeer or a notary.
What about children from a previous marriage?
Children inherit alongside the spouse: usufruct for spouse, ownership for children (art. 4:13 CC). Use a will for clarity, via local notary.
Do inheritance rights change upon later divorce?
Separation from bed and board at the Zoetermeer District Court can later convert to divorce. Inheritance rights then lapse prospectively, not retroactively.
Should I make a will?
Not mandatory, but wise for customization like exclusion clauses. Seek advice from Het Juridisch Loket Zoetermeer.
Tips for Zoetermeer Residents
For optimal inheritance rights when retaining the marriage:
- Consult a notary in Zoetermeer: For a will with clauses (€200-500).
- Maximize tax benefits: Scale I inheritance tax with marriage retained.
- Document agreements: Draft a settlement agreement for separation from bed and board via the Zoetermeer District Court or Het Juridisch Loket Zoetermeer.
- Free advice: Call Het Juridisch Loket Zoetermeer for personal assistance.