The Inheritance Rights of the Surviving Spouse
The Inheritance Rights of the Surviving Spouse
As mentioned in the previous article, the surviving spouse is an independent heir against all classes of heirs. While the kinship bond is a fundamental condition for legal heirs, the legal basis for the widow’s inheritance is established by her marriage to the deceased.
The widow’s inheritance rights are not influenced by the duration of the marriage, the children born from the marriage, the shared residence, an ongoing divorce proceeding, or the dissolution of the marital community. The only condition is that, at the time of opening the estate, there should not be a definitive document that terminates the marriage.
Unlike the surviving spouse, the law does not grant a special status to cohabiting partners. A cohabiting partner does not inherit from the deceased, regardless of the duration of the relationship, unless the deceased has provided otherwise in a will.
The widow’s special status is also reflected in the fact that she is entitled to a forced share (the minimum share entitled to close relatives and the spouse according to the law), can only inherit personally (representation is excluded), and, unlike legal heirs, is entitled not only to a specific portion of the inheritance but also has other special rights.
The Widow’s Inheritance Rights:
- A certain portion of the estate,
- The right to reside,
- Ownership rights over furniture and household items.
The Share of Property Entitled to the Spouse:
- 1/4 against descendants (children, grandchildren, great-grandchildren, etc.),
- 1/3 if both direct ascendants (parents) and collateral relatives (siblings) inherit,
- 1/2 – if inheriting only with a parent or only with a sibling,
- 3/4 – against a regular direct ascendant (grandparent, great-grandparent, etc.) and regular collateral relatives (aunt, uncle, cousin, etc.).
If the spouse is the sole heir, then they are entitled to the entire estate.
Right to Reside
The law provides the widow with a free, non-transferable right of usufruct for the apartment in which she lived until the opening of the estate, provided that she does not have ownership or use rights over another suitable property and that the mentioned apartment is part of the estate.
This right of usufruct can be restricted by any heir if the property exceeds the needs of the surviving spouse or if it is possible for that person to provide another suitable apartment for the widow.
With the division of the estate, this right to reside ceases, but not sooner than one year from the death of the deceased. An exception applies if the widow remarries, in which case the right to reside may cease even before the one-year period.
In the absence of children or other descendants, the inheritance rights of the surviving spouse also extend to:
furniture and other jointly used household items. This special right applies to movable items that were used in the joint household due to their nature and purpose (refrigerators, vacuum cleaners, washing machines, televisions, etc.), taking into account the financial situation and standard of living of the spouses.