What are my inheritance rights as a spouse?
Your husband or wife has died. This brings a mountain of grief but unfortunately also a lot of paperwork. What are your rights now?
As a surviving spouse, you are a legally protected heir. This means that you are always entitled to a certain minimum portion of the inheritance, namely the 'reserve'.
There are two types of reserve:
- The abstract reserve, which is the usufruct on half of the inheritance
- The concrete reserve, which is the usufruct on the main family home and the furniture in it. Did you rent the house together? If so, this is the right to continue that rental.
The extent of your inheritance rights further depends on the regime under which you were married and on the heirs who are still alive and also receive a share of the inheritance .
Do I need a lawyer?
A lawyer possesses the necessary expertise and experience to inform you about your inheritance rights and advise you on certain points in each concrete situation, such as whether or not to take action against the division of an inheritance or the violation of your minimum share.
Want to know more about inheritance rights?
The law determines who inherits. So depending on your marital status and family situation, the answer to this question is different.