What happens to your assets when your partner passes away? And what are your rights as the surviving partner?

In this article, you’ll read what the law provides for the surviving spouse and what to watch out for to avoid unpleasant surprises.

Does the statutory division apply to your situation?

Are you married or in a registered partnership? Then, in principle, the statutory division applies. But what exactly does that mean for you?

• Do you automatically receive all your deceased partner’s assets and debts?
• Do the children have a right to their inheritance, and when can they claim it?

Under the law, the children receive a deferred claim against you as the surviving partner. That claim only becomes payable upon your death, in the event of bankruptcy, or if you are admitted to a care institution. Until then, you retain full control over the assets.

Is there a will that says otherwise?

Has your partner made a will? If so, the distribution may turn out differently than you expect. For example, your partner may have chosen:

• a two-stage arrangement, in which you first inherit everything, but it ultimately passes to the children;
• a usufruct construction, where you may continue living in the home, but ownership already belongs to the children.

Do you know what the will says? And have you had your own wishes reviewed?

Do you live together without being married?

Are you not married and do you not have a registered partnership? Then without a will, you inherit nothing. Do you have a cohabitation agreement? And does it provide sufficient protection for your position?

Many cohabiting partners assume they are automatically protected — but did you know that legally, this is not the case?

What can you do to strengthen your position?

Have you considered drafting or updating your will? Are you sure your partner will be properly protected if you pass away? And have you already sought legal advice to review your situation?

Looking for certainty?

Would you like to avoid unpleasant surprises for yourself or your partner? Then it’s wise to have your situation legally reviewed. An inheritance lawyer can help you set everything out clearly and fairly. Especially in difficult times, clarity is invaluable.

Contact & advice

Do you have questions regarding this article or about inheritance? Please feel free to contact us, we are happy to help.

This article was previously published in Margriet Magazine.