Inheritance Rights When Retaining the Marriage in Amsterdam
With a separation from bed and board before the Amsterdam District Court, your marriage remains legally intact. This preserves inheritance rights between spouses, 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 advice tailored for Amsterdam residents.
What Do Inheritance Rights with Marriage Intact Mean for Amsterdammers?
In Amsterdam, inheritance rights with marriage intact remain in effect when couples opt for separation from bed and board, for instance due to religious or tax reasons. The spouse remains a statutory heir by default. Without a will, the partner and children share the inheritance, with the spouse often receiving a significant portion via the ab-testamentary share.
This option is popular among Amsterdammers who wish to live financially and privately apart without dissolving the marriage. Unlike divorce, where the ex-spouse is excluded from inheritance rights (unless specified in a will), separation from bed and board keeps the inheritance position intact. Contact the Amsterdam Legal Aid Office for personalized advice.
Statutory Rules for Inheritance Rights with Marriage Intact
The foundation is in the Dutch Civil Code (DCC), applicable at the Amsterdam District Court:
- Book 1 DCC, arts. 157-166: Separation from bed and board maintains the marriage, including the matrimonial property regime (unless restricted).
- Book 4 DCC, Title 1 (art. 4:1 et seq.): Spouse as reserve heir entitled to 50% plus one child's share, or everything if no children.
- Art. 4:13 DCC: Protection for the surviving spouse against exclusion by children.
- Art. 4:91 DCC: Testamentary provisions do not lapse upon separation from bed and board, unlike divorce.
Read more about inheritance rights after divorce or drafting a will in Amsterdam.
Examples of Inheritance Rights with Marriage Intact in Amsterdam
Example: Jan and Maria from Amsterdam-Zuid chose separation from bed and board at the Amsterdam District Court 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-testamentary), depending on children.
Example 2: Ahmed and Fatima from the Jordaan select this option for tax benefits, such as lower inheritance tax on their Amsterdam home. Upon Ahmed's death, Fatima inherits the home without issue.
In a divorce, the ex would inherit nothing without a new will.
Rights and Obligations under Inheritance Rights with Marriage Intact
Rights of the surviving spouse:
- Automatic heir (arts. 4:10-13 DCC).
- Statutory usufruct on the home and household effects in Amsterdam.
- Protection against disinheritance: maximum 50% freely disposable.
Obligations:
- Pay inheritance tax (Scale I: 10-20% for spouses).
- Room for children's legitimate portion (50% of share).
- With separation from bed and board: joint debts persist, even in Amsterdam.
Comparison: Separation from Bed and Board vs. Divorce in Amsterdam
| Aspect | Separation from Bed and Board | Divorce |
|---|---|---|
| Inheritance Rights Retained | Yes, via Amsterdam District Court | No, ex-spouse excluded |
| Home (Amsterdam) | Usufruct retained | Divided via municipality |
| Tax Benefits | Fully retained | Partially lost |
| Remarriage | Not possible | Possible |
Frequently Asked Questions on Inheritance Rights with Marriage Intact in Amsterdam
Can I disinherit my spouse in a separation from bed and board?
Yes, but limited to 50% (art. 4:63 DCC). Spouse can claim legitimate portion. Have a will drafted by an Amsterdam notary.
What about children from a previous marriage?
Children inherit alongside the spouse: usufruct for spouse, ownership for children (art. 4:13 DCC). A will prevents disputes; assistance via Amsterdam Legal Aid Office.
Impact of subsequent divorce?
Separation from bed and board can later be converted to divorce at the Amsterdam District Court. Inheritance rights then lapse prospectively, not retroactively.
Is a will needed when retaining the marriage?
Not mandatory, but wise for customization like exclusion clauses. Costs in Amsterdam: €200-500.
Tips for Amsterdammers
Make optimal use of inheritance rights with marriage intact:
- Visit Amsterdam Legal Aid Office or a notary for a will with clauses.
- Tax check: Scale I rates apply with marriage retained.
- Document everything: Covenant for separation from bed and board via Amsterdam District Court.
- Check with Amsterdam Municipality for local subsidies on notary fees.