Inheritance Law When Retaining the Marriage in Rijswijk
For residents of Rijswijk who choose a separation from bed and board, the marriage remains legally intact. This preserves inheritance rights between spouses, unlike in a full divorce. The surviving spouse typically receives a significant share of the estate, unless a will provides otherwise. This article offers explanations, examples, and advice tailored to Rijswijk residents, with references to local institutions such as the District Court of Rijswijk.
What Does Inheritance Law Mean When Retaining the Marriage for Rijswijk Residents?
In Rijswijk, inheritance rights during marriage remain in effect if spouses keep the marriage intact, for example through a separation from bed and board. Under Dutch law, the spouse is a statutory heir. Without a will, the partner and children share the estate, with the surviving spouse often receiving a substantial portion via the ab-testamentary share.
This is particularly relevant in a separation from bed and board, where couples in Rijswijk live separately but do not dissolve the marriage. Reasons may include religion, tax benefits, or preserving inheritance rights. Unlike divorce—where the ex-spouse is excluded from inheritance unless specified in a will—the spouse remains an heir when the marriage is retained. In Rijswijk, you can apply for this at the District Court of Rijswijk.
Statutory Rules for Inheritance Law When Retaining the Marriage
The foundation is in the Civil Code (CC):
- Book 1 CC, art. 157-166: Separation from bed and board; marriage and matrimonial property regime remain intact (unless limited community).
- Book 4 CC, 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 CC: Protection for the surviving spouse against children.
- Art. 4:91 CC: Will conditions lapse upon divorce, but not upon separation from bed and board.
See also: Inheritance Law After Divorce and Drafting a Will.
Examples of Preserving Inheritance Rights for Couples in Rijswijk
Example: Jan and Maria from Rijswijk opted for separation from bed and board in 2020 for religious reasons. They live separately in the municipality. 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 Rijswijk choose this option for tax benefits, such as no transfer tax on gifts. Upon Ahmed's death, Fatima inherits the home—unlike in a divorce.
In a full divorce, the ex inherits nothing without a new will.
Rights and Obligations When Preserving Inheritance Rights in Rijswijk
Rights of the surviving spouse:
- Automatic heir (art. 4:10-13 CC).
- Statutory usufruct on the home and household effects in Rijswijk.
- Protection against disinheritance: maximum 50% freely disposable.
Obligations:
- Pay inheritance tax (Scale I: 10-20% for spouses).
- Room for children's legitimate portion (50% of share).
- In separation from bed and board: joint debts remain; notify the Municipality of Rijswijk.
Comparison: Separation from Bed and Board vs. Divorce
| Aspect | Separation from Bed and Board | Divorce |
|---|---|---|
| Inheritance Preservation | Yes, marriage intact | No, ex excluded |
| Home | Usufruct possible | Divided |
| Tax | Benefits retained | Partly lost |
| Remarriage | Not possible | Possible |
Frequently Asked Questions About Preserving Inheritance Rights in Rijswijk
Can I disinherit my spouse in a separation from bed and board?
Yes, but limited to 50% (art. 4:63 CC). The spouse can claim the legitimate portion. Contact Het Juridisch Loket Rijswijk or a notary.
Children from a previous marriage?
They inherit alongside the spouse; usufruct for the survivor, ownership for children (art. 4:13 CC). Use a will for clarity; advice via District Court Rijswijk.
Impact of subsequent divorce?
Separation from bed and board can later convert to divorce; inheritance rights then cease prospectively, not retroactively.
Do I need a will?
Not mandatory, but advisable for customization such as an exclusion clause. Local notaries in Rijswijk can assist.
Tips for Residents of Rijswijk
For optimal inheritance rights when retaining the marriage:
- Consult a notary in Rijswijk for a will (€200-500).
- Tax check: Retain Scale I rates.
- Document everything: Covenant for separation from bed and board via District Court Rijswijk.
- Free advice: At Het Juridisch Loket Rijswijk.