Inheritance Rights with Retention of the Marriage in Utrecht
In a legal separation at the District Court of Utrecht, your marriage remains legally intact. As a resident of Utrecht, you therefore retain your inheritance rights with your partner, unlike in a divorce. The surviving spouse typically inherits a significant portion of the estate, unless a will provides otherwise. This article offers explanations, examples, and advice tailored to residents of Utrecht.
What Does Inheritance Rights with Retention of the Marriage Mean for Residents of Utrecht?
In Utrecht, inheritance rights with retention of marriage refers to situations where spouses opt for a legal separation – for example, due to religious or tax reasons – to keep their marriage intact and remain each other's heirs. Under Dutch law, the spouse is the default heir. Without a will, the spouse and children share the estate, with the spouse receiving a favorable share through the statutory usufruct.
This often arises in legal separations at the District Court of Utrecht, where couples live apart and settle finances separately, but the marriage does not end. Benefits include retaining inheritance rights, lower inheritance tax, or religious motives. Unlike divorce, where the ex-spouse is excluded (unless specified in a will), the claim remains intact.
Statutory Rules for Inheritance Rights with Retention of Marriage
The foundation is in the Dutch Civil Code (DCC), relevant for proceedings at the District Court of Utrecht:
- Book 1 DCC, art. 157-166: Legal separation; marriage and matrimonial property regime remain in place (unless limited).
- Book 4 DCC, Title 1 (art. 4:1 et seq.): Spouse as reserve heir with 50% plus children's share, or everything if no children.
- Art. 4:13 DCC: Protection of surviving spouse against exclusion by children.
- Art. 4:91 DCC: Testamentary clauses lapse upon divorce, not upon legal separation.
See also: Inheritance Rights After Divorce and Drafting a Will in Utrecht.
Examples of Inheritance Rights with Retention of Marriage in Utrecht
Example: Pieter and Laura from Utrecht chose legal separation at the District Court of Utrecht in 2021 for religious reasons. They live apart. Upon Pieter's death in 2026 without a will, Laura inherits:
- Directly half of the estate.
- Usufruct over the remainder (statutory usufruct), depending on children.
Example 2: Mehmet and Aisha from the Utrecht neighborhood of Kanaleneiland opt for legal separation for tax benefits, such as no transfer tax on the home. Upon Mehmet's death, Aisha inherits the Utrecht property without issues.
In a divorce, the ex-spouse would receive nothing without a new will.
Rights and Obligations Regarding Inheritance Rights with Retained Marriage
Rights of the surviving spouse:
- Automatic heir (art. 4:10-13 DCC).
- Statutory usufruct on home and household effects in Utrecht.
- Protection against disinheritance: maximum 50% freely disposable.
Obligations:
- Inheritance tax under Tariff I (10-20% for spouses).
- Room for children's legitime (50% share).
- In legal separation: joint debts remain; notify the Municipality of Utrecht.
Comparison: Legal Separation vs. Divorce in Utrecht
| Aspect | Legal Separation | Divorce |
|---|---|---|
| Inheritance Rights Retained | Yes, via District Court of Utrecht | No, ex-spouse excluded |
| Home Division | Usufruct intact | Mandatory division |
| Tax Benefits | Retained (inheritance tax) | Partially lost |
| Remarriage | Not possible | Possible |
Frequently Asked Questions on Inheritance Rights with Retained Marriage in Utrecht
Can I disinherit my partner in a legal separation?
Yes, but limited to 50% (art. 4:63 DCC). Partner can claim legitime. Contact Het Juridisch Loket Utrecht or a notary.
What about children from a previous marriage?
Spouse gets usufruct, children get ownership (art. 4:13 DCC). A will prevents disputes; seek advice via District Court of Utrecht.
Impact of subsequent divorce on inheritance rights?
Legal separation can later convert to divorce; inheritance rights then lapse prospectively, not retroactively.
Is a will necessary when retaining the marriage?
Not mandatory, but advisable for customization like exclusion clauses. Check Utrecht notaries.
Tips for Residents of Utrecht
Make optimal use of inheritance rights with retention of marriage:
- Consult Het Juridisch Loket Utrecht or a notary for a will (€200-500).
- Leverage tax benefits: Tariff I inheritance tax with retained marriage.
- Document everything: Submit settlement agreement in legal separation to District Court of Utrecht.