Title 3

in force

Intestate succession of the spouse not legally separated (niet van tafel en bed gescheiden) and of the children, as well as other statutory rights

Civil Code — Book 4 (inheritance law) (Burgerlijk Wetboek Boek 4) · Articles: 29

Section 1

Intestate succession of the spouse not legally separated (niet van tafel en bed gescheiden) and of the children

4:13 Article 4:13

The estate of the deceased who leaves behind a spouse and one or more children as heirs shall, unless the deceased has determined by testamentary…

4:14 Article 4:14

If the estate has been divided in accordance with Article 13, the spouse of the deceased is obligated towards the creditors and towards the children…

4:15 Article 4:15

Insofar as the heirs are unable to reach agreement on the determination of the amount of the monetary claim referred to in Article 13, paragraph 3…

4:16 Article 4:16

The spouse and every child may require that an inventory of the estate be drawn up. The inventory shall contain a valuation of the assets and the…

4:17 Article 4:17

The spouse may, subject to the provisions of paragraphs 2 and 3, at any time satisfy in whole or in part the monetary claim referred to in Article…

4:18 Article 4:18

The spouse may, within three months from the day on which the estate has opened, by means of a declaration by notarial deed, followed within that…

4:19 Article 4:19

If a child has acquired a monetary claim against their surviving parent in respect of the estate of their first-deceased parent in accordance with…

4:20 Article 4:20

If a child has acquired a monetary claim against their surviving parent in respect of the estate of their first-deceased parent in accordance with…

4:21 Article 4:21

If a child has acquired a monetary claim against their stepparent in respect of the estate of their deceased parent pursuant to Article 13, paragraph…

4:22 Article 4:22

If a child has acquired a pecuniary claim against their stepparent in respect of the estate of their deceased parent in accordance with Article 13…

4:23 Article 4:23

The provisions of Title 8 of Book 3 shall apply to the usufruct referred to in Articles 19 and 21, provided that:

4:24 Article 4:24

The obligation to transfer referred to in Articles 19, 20, 21 and 22 concerns assets that formed part of the estate of the deceased or of the…

4:25 Article 4:25

The value of the assets to be transferred, to be determined at the time of the transfer, shall be deducted in the first place from the principal sum…

4:26 Article 4:26

If a minor child has a power as referred to in Articles 19, 20, 21 and 22, his legal representative must, within three months after the acquisition…

4:27 Article 4:27

By testamentary disposition, the testator may provide that a stepchild shall be included as his own child in a division as referred to in Article 13…

Section 2

Other statutory rights

4:28 Article 4:28

If the dwelling which the spouse (echtgenoot) of the deceased inhabits at the time of the latter's death belongs to the estate or the dissolved…

4:29 Article 4:29

Insofar as the spouse (echtgenoot) of the deceased, as a result of testamentary dispositions of the deceased, is not the sole person entitled or not…

4:30 Article 4:30

The heirs are obliged to cooperate in the creation of a usufruct on assets of the estate other than those referred to in Article 29 for the benefit…

4:31 Article 4:31

To the usufruct pursuant to Articles 29 and 30, paragraphs 1, 2, 4 and 5 of Article 23 shall apply mutatis mutandis. The usufruct cannot be invoked…

4:32 Article 4:32

The spouse cannot claim the establishment of a usufruct pursuant to Articles 29 and 30, if a procedure for divorce (echtscheiding) or for legal…

4:33 Article 4:33

The subdistrict court may, at the petition of a principal beneficiary, provided that a compelling interest of the latter is served thereby and the…

4:34 Article 4:34

Insofar as the estate is insufficient to satisfy that which is due to the spouse (echtgenoot) pursuant to Articles 29 and 30, he may proceed to the…

4:35 Article 4:35

A child of the deceased, including a child as referred to in Article 394 of Book 1, may claim a lump sum, insofar as this is necessary for:

4:36 Article 4:36

A child, stepchild, foster child, child-in-law (behuwdkind) or grandchild of the deceased who has performed work in the deceased's household or in…

4:37 Article 4:37

The person who, pursuant to Articles 35 and 36, claims a lump sum, has a claim against the joint heirs. The possibility to claim a lump sum shall…

4:38 Article 4:38

At the petition of a child or stepchild of the deceased, the subdistrict court may, provided that a compelling interest of the child or stepchild is…

4:39 Article 4:39

A person to whom a right as referred to in Articles 29 to 33 inclusive, 35, 36 and 38 belongs and who is not an heir, has the same powers as are…

4:40 Article 4:40

If Section 2 or 3 of Title 18 of Book 1 has been applied in respect of the deceased, the periods referred to in paragraph 1 of Article 28, paragraphs…

4:41 Article 4:41

It is not permitted to derogate from the provisions of this Section by testamentary disposition.