Inheritance Rights When Retaining the Marriage in Den Haag
For residents of Den Haag who choose a separation from bed and board, the marriage remains intact. This preserves partners' inheritance rights, unlike a full divorce. The surviving spouse typically inherits a substantial portion of the estate, unless a will states otherwise. This article offers explanations with examples from Den Haag and tips, tailored for locals proceeding via the District Court Den Haag.
What Do Inheritance Rights with Marriage Retention Mean for Den Haag?
In Den Haag, inheritance rights with marriage retention refers to situations where spouses do not dissolve their marriage, such as through separation from bed and board. This is common in various Den Haag neighborhoods with religious communities. The partner remains a legal heir. Without a will, the spouse and children inherit jointly, with the spouse receiving a large share via the statutory portion.
Separation from bed and board, requested at the District Court Den Haag, allows partners to live apart without ending the marriage. Common reasons include faith, tax advantages, or preserving inheritance rights. Unlike divorce, which excludes the ex-partner, succession rights stay intact.
Statutory Rules for Inheritance Rights with Marriage Retention
The rules are set out in the Civil Code (BW), applicable at the District Court Den Haag:
- Book 1 BW, art. 157-166: Separation from bed and board maintains the marriage and property regime.
- Book 4 BW, 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 BW: Protection for the surviving spouse against exclusion by children.
- Art. 4:91 BW: Testamentary provisions do not lapse upon separation from bed and board.
See also: Inheritance Rights after Divorce in Den Haag and Drafting a Will in Den Haag.
Examples from Den Haag of Inheritance Rights with Marriage Retention
Example: Ahmed and Aisha from Den Haag's Schilderswijk choose separation from bed and board in 2021 for religious reasons. They live separately. Upon Ahmed's death in 2025 without a will, Aisha inherits half outright and usufruct over the remainder.
- For children: usufruct for Aisha, ownership for them.
Example 2: Piet and Lia from Ypenburg retain the marriage for tax reasons (low inheritance tax). Upon Piet's death, Lia inherits the home; a divorce would have required division.
Without marriage retention, an ex-spouse inherits nothing, unless specified in a will.
Rights and Obligations under Inheritance Retention in Den Haag
Rights of the surviving spouse:
- Automatic heir (art. 4:10-13 BW).
- Usufruct on the home and household effects.
- Protection: maximum 50% disinheritability.
Obligations:
- Inheritance tax at Scale I rates (10-20% for spouses).
- Respect children's legitimate portion (50%).
- With separation from bed and board: joint debts remain registered via the Municipality of Den Haag.
Comparison: Separation from Bed and Board vs. Divorce in Den Haag
| Aspect | Separation from Bed and Board | Divorce |
|---|---|---|
| Inheritance Rights | Retained via District Court Den Haag | Ex-spouse excluded |
| Home | Usufruct intact | Divided in proceedings |
| Tax | Low inheritance tax | Higher rates |
| Remarriage | Not possible | Possible |
FAQ on Inheritance Rights with Marriage Retention in Den Haag
Can I disinherit my spouse in a separation from bed and board?
Limited yes: max. 50% (art. 4:63 BW). The spouse can claim their legitimate portion. Contact Juridisch Loket Den Haag or a notary.
Children from a previous marriage?
They inherit alongside the spouse. Usufruct for the survivor, ownership for the children (art. 4:13 BW). Use a will for clarity, via a local notary.
Impact of a later divorce?
Separation from bed and board can convert to divorce at the District Court Den Haag. Inheritance rights then cease prospectively, not retroactively.
Is a will needed when retaining the marriage?
Not required, but advisable for customization. Visit Juridisch Loket Den Haag for advice.
Tips for Residents of Den Haag
Optimize inheritance rights with marriage retention in Den Haag:
- Consult a notary: For a will with clauses (€200-500, local in Den Haag).
- Tax checks: Retain Scale I rates.
- Document agreements: Covenant in separation from bed and board via District Court Den Haag.
- Free help: Start at Juridisch Loket Den Haag (Laan van Wateringsveld 419).