Inheritance Rights When Retaining the Marriage in Tilburg
In a separation from bed and board in Tilburg, the marriage remains legally valid. As a result, inheritance rights between partners stay intact, unlike in a full divorce. The surviving spouse typically receives a significant portion of the estate, unless a will provides otherwise. This article offers explanations with examples and advice tailored for Tilburg residents, including references to local support services like the Juridisch Loket Tilburg.
What Do Inheritance Rights When Retaining the Marriage Mean for Tilburg Residents?
Inheritance rights when retaining the marriage apply when couples in Tilburg keep their marriage intact, such as through a separation from bed and board. The partner remains a statutory heir. Without a will, the spouse and any children inherit jointly, with the spouse often obtaining usufruct or a substantial share through the ab-testamentary portion.
This often arises in a separation from bed and board, where Tilburg residents live separately and divide finances but retain the marriage. Reasons include religion, tax benefits, or preserving inheritance rights. Unlike divorce, which excludes the ex-partner from inheritance (except via will), the claim persists when the marriage is retained. For procedures in Tilburg, contact the District Court of Zeeland-West-Brabant in Breda.
Statutory Rules for Inheritance Rights When Retaining the Marriage
The foundation lies in the Dutch Civil Code (DCC), applicable in Tilburg:
- Book 1 DCC, arts. 157-166: Separation from bed and board; marriage and matrimonial property regime remain intact (unless limited community).
- Book 4 DCC, Title 1 (art. 4:1 et seq.): Spouse as reserve heir entitled to 50% of the estate plus a child's share, or everything if no children.
- Art. 4:13 DCC: Protection for the surviving spouse against exclusion by children.
- Art. 4:91 DCC: Conditions in a will lapse upon divorce, not separation from bed and board.
More info: Inheritance Rights After Divorce and Drafting a Will in Tilburg.
Examples of Inheritance Rights When Retaining the Marriage in Tilburg
Example: Jan and Maria from the Oud-Zuid neighborhood in Tilburg choose separation from bed and board in 2020 for religious reasons. They live apart, but the marriage endures. Upon Jan's death in 2025 without a will, Maria inherits:
- Directly half of the estate.
- Usufruct over the remainder (ab-testamentary), depending on any children.
Example 2: Ahmed and Fatima from Tilburg opt for separation from bed and board for tax advantages, such as no transfer tax on gifts. Upon Ahmed's death, Fatima inherits the family home in Reeshof, which would not occur in a divorce.
In a full divorce, the ex-spouse would inherit nothing without a new will.
Rights and Obligations Regarding Inheritance Rights When Retaining the Marriage
Rights of the surviving spouse:
- Automatic heir (arts. 4:10-13 DCC).
- Statutory usufruct on the home and furnishings in Tilburg.
- Protection against disinheritance: maximum 50% freely disposable.
Obligations:
- Pay inheritance tax (Scale I: 10-20% for spouses).
- Account for children's legitime (50% of their share).
- In separation from bed and board: joint debts persist; report changes to the Municipality of Tilburg.
Comparison: Separation from Bed and Board vs. Divorce in Tilburg
| Aspect | Separation from Bed and Board | Divorce |
|---|---|---|
| Inheritance Retention | Yes, via District Court Breda | No, ex excluded |
| Home Division | Usufruct intact | Mandatory division |
| Tax Benefits | Retained (inheritance tax) | Partially lost |
| Remarriage | Not possible | Possible |
Frequently Asked Questions About Inheritance Rights When Retaining the Marriage in Tilburg
Can I disinherit my partner in a separation from bed and board?
Yes, but limited to 50% (art. 4:63 DCC). The partner can claim their legitime. Contact the Juridisch Loket Tilburg or a notary.
What about children from a previous marriage?
The spouse gets usufruct, children get ownership. In disputes: art. 4:13 DCC provides protection. A will can regulate this; seek advice from a local notary.
Impact of a later divorce?
Separation from bed and board can later be converted to divorce at the District Court of Zeeland-West-Brabant. Inheritance rights then cease prospectively, not retroactively.
Is a will needed when retaining the marriage?
Not required, but advisable for customization like exclusion clauses. The Juridisch Loket Tilburg offers free initial help.
Tips for Tilburg Residents
Make optimal use of inheritance rights when retaining the marriage:
- Visit the Juridisch Loket Tilburg or a notary for a will (€200-500).
- Tax check: Scale I rates apply when retaining the marriage.
- Document everything: Submit the settlement agreement for separation from bed and board to the District Court Breda and Municipality of Tilburg.
- Check marital conditions at the Tilburg civil registry office.