Inheritance Rights When Retaining the Marriage in Leiden
In a separation from bed and board before the District Court of Leiden, your marriage remains legally intact. This preserves your inheritance rights with your partner, unlike in a divorce. The surviving spouse typically inherits a substantial portion of the estate, unless a will provides otherwise. This article is tailored for Leiden residents, with local tips and examples.
What Do Inheritance Rights When Retaining the Marriage Mean for Leiden Residents?
In Leiden, inheritance rights when retaining the marriage – often through separation from bed and board – preserve your inheritance entitlements. The partner is a statutory heir. Without a will, the partner and children share the estate, with the partner receiving a large portion via the ab-intestate share.
This is crucial for a separation from bed and board at the District Court of Leiden, where you live separately but retain the marriage. Popular reasons in Leiden include religion, tax benefits, or preserving inheritance rights. Unlike divorce, the partner remains an heir.
Statutory Rules on Inheritance Rights in Leiden
The foundation is in the Civil Code (CC), applied via the District Court of Leiden:
- 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.): Partner as reserve heir: 50% plus child's share, or everything without children.
- Art. 4:13 CC: Protection of surviving spouse against children.
- Art. 4:91 CC: Will conditions do not lapse in separation from bed and board.
See also: Inheritance Rights after Divorce and Drafting a Will in Leiden.
Examples of Inheritance Rights When Retaining the Marriage in Leiden
Example: Jan and Maria from Leiden opted for separation from bed and board at the District Court of Leiden 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 (ab-intestate).
Example 2: Ahmed and Fatima from the Municipality of Leiden retained tax benefits through separation from bed and board, such as no transfer tax. Fatima inherits the home upon Ahmed's death.
In a divorce, the ex-partner would inherit nothing without a new will.
Rights and Obligations under Inheritance Rights in Leiden
Rights of the surviving spouse:
- Automatic heir (art. 4:10-13 CC).
- Statutory usufruct on home and household effects.
- Protected against disinheritance: max. 50% disinherit able.
Obligations:
- Inheritance tax scale I (10-20% for partners).
- Room for children's legitimate portion (50%).
- In separation: joint debts remain via Municipality of Leiden registration.
Comparison: Separation from Bed and Board vs. Divorce in Leiden
| Aspect | Separation from Bed and Board | Divorce |
|---|---|---|
| Inheritance Rights Retained | Yes, via District Court of Leiden | No, ex excluded |
| Home | Usufruct intact | Divided |
| Tax Benefits | Retained | Partly lost |
| Remarriage | Not possible | Possible |
Frequently Asked Questions on Inheritance Rights When Retaining the Marriage in Leiden
Can I disinherit my partner in a separation from bed and board?
Yes, but limited to 50% (art. 4:63 CC). Partner can claim legitimate portion. Contact Het Juridisch Loket Leiden for advice.
Children from a previous marriage?
They inherit alongside the partner: usufruct for partner, ownership for children (art. 4:13 CC). A will resolves conflicts.
Effect of subsequent divorce?
Separation from bed and board at the District Court of Leiden can be followed by divorce; inheritance rights then lapse for the future.
Do I need a will when retaining the marriage?
Not mandatory, but wise for customization like exclusion clauses. Via a notary in Leiden.
Tips for Leiden Residents
Make optimal use of inheritance rights when retaining the marriage:
- Visit Het Juridisch Loket Leiden or a notary for a will (€200-500).
- Tax check: Scale I rates when retaining the marriage.
- Document everything: Settlement agreement in separation from bed and board via District Court of Leiden.
- Consult Municipality of Leiden for local arrangements.