Inheritance Rights When Retaining the Marriage in Rotterdam
For residents of Rotterdam who choose a separation from bed and board via the District Court of Rotterdam, the marriage remains intact. This preserves the inheritance rights between partners, unlike a full divorce. The surviving spouse typically inherits a substantial portion of the estate, unless a will provides otherwise. This article offers explanations, examples, and tips tailored for Rotterdam residents.
What Do Inheritance Rights When Retaining the Marriage Mean for Rotterdam Residents?
In Rotterdam, couples often opt for separation from bed and board to keep their marriage intact—for religious reasons or tax benefits in this port city, for instance. The partner remains a legal heir by statute. Without a will, the spouse and children inherit jointly, with the spouse receiving a large share via the ab-intestate portion.
This option is popular for separation from bed and board at the District Court of Rotterdam. Couples live financially and personally apart but retain inheritance rights. Unlike divorce, which excludes the ex-partner (unless provided for in a will), the marital bond persists for inheritance purposes.
Statutory Rules on Inheritance Rights When Retaining the Marriage
The foundation is in the Civil Code (CC), applied via the District Court of Rotterdam:
- Book 1 CC, art. 157-166: Separation from bed and board maintains the marriage and matrimonial property regime.
- 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 of surviving spouse against exclusion by children.
- Art. 4:91 CC: Testamentary provisions lapse upon divorce, but not upon separation from bed and board.
See also: Inheritance Rights After Divorce in Rotterdam and Drafting a Will in Rotterdam.
Examples of Preserved Inheritance Rights in Rotterdam
Example: Piet and Anna from Rotterdam-South arrange a separation from bed and board at the District Court of Rotterdam in 2020 for religious reasons. They live separately in IJsselmonde. Upon Piet's death in 2025 without a will, Anna inherits:
- Half of the estate outright.
- Usufruct over the remainder (ab-intestate) if there are children.
Example 2: Mehmet and Aisha choose separation from bed and board for tax benefits, such as no transfer tax on their home in Rotterdam-West. Upon Mehmet's death, Aisha inherits the home; a divorce would have different consequences.
Without retaining the marriage (i.e., divorce), the ex inherits nothing unless a new will is made.
Rights and Obligations Regarding Preserved Inheritance Rights in Rotterdam
Rights of the surviving spouse:
- Automatic heir (art. 4:10-13 CC).
- Statutory usufruct on the home and household effects.
- Protection against disinheritance: maximum 50% disinherit able.
Obligations:
- Inheritance tax under Scale I (10-20% for spouses).
- Account for children's legitimate portion (50% of their share).
- With separation from bed and board: joint debts remain.
Comparison: Separation from Bed and Board vs. Divorce in Rotterdam
| Aspect | Separation from Bed and Board | Divorce |
|---|---|---|
| Inheritance Rights Preservation | Yes, via District Court of Rotterdam | No, ex excluded |
| Home Division | Usufruct intact | Mandatory division |
| Tax Benefits | Preserved (inheritance tax) | Partially lost |
| Remarriage | Not possible | Possible |
Frequently Asked Questions on Preserving Inheritance Rights While Retaining Marriage in Rotterdam
Can I disinherit my partner in a separation from bed and board?
Yes, but limited to 50% (art. 4:63 CC). The partner can claim their legitimate portion. Contact the Rotterdam Legal Aid Desk or a notary.
What if there are children from a previous marriage?
Children inherit alongside the spouse: usufruct for the surviving spouse, ownership for the children (art. 4:13 CC). A will provides clarity—consult a local notary.
Does inheritance rights change upon later divorce?
Separation from bed and board can convert to divorce at the District Court of Rotterdam; inheritance rights then cease prospectively, not retroactively.
Should I make a will when retaining the marriage?
Not mandatory, but wise for customization like an exclusion clause. Visit the Rotterdam Legal Aid Desk for free advice.
Tips for Rotterdam Residents
Make optimal use of inheritance rights when retaining the marriage:
- Visit the Rotterdam Legal Aid Desk or a notary for a will with a marriage clause (€200-500).
- Check tax benefits: Scale I inheritance tax when retaining the marriage.
- Document agreements: Draft a settlement agreement for separation from bed and board via the District Court of Rotterdam or a mediator.
- Consult the Municipality of Rotterdam for local subsidies or family law information.