Book 4 Law of Succession
Title 4.2 Intestate succession
Article 4:9 Intestate heirs must be alive at the moment
on which the deceased’s estate devolves
In order to be able to qualify as an intestate heir one must be alive
at the moment on which the deceased’s estate devolves.
Article 4:10 Order of inheritance of intestate heirs
- 1. By law the following heirs are successively
called to the estate of the deceased in order to inherit his property:
a. the not legally separated spouse of the
deceased together with the deceased’s children;
b. if none of the under point (a) mentioned
persons exist: the parents of the deceased together with the deceased’s
brothers and sisters;
c. if none of the under point (a) and (b) mentioned
persons exist: the grandparents of the deceased;
d. if none of the under point (a) (b) and (c)
mentioned persons exist: the great-grandparents of the deceased.
- 2. The descendents of a child, brother, sister,
grandparent or great-grandparent of the deceased may be called to the
deceased’s estate in order to inherit by right of representation
as meant in Article 4:12.
- 3. Only persons who were standing in a legal
familial relation to the deceased can be regarded as blood relatives as
referred to in the previous paragraphs.
Article 4:11 Shares in the estate of a deceased
- 1. Those who are called as intestate heirs
to the estate of a deceased, inherit for equal shares.
- 2. Contrary to paragraph 1, the share in
the deceased’s estate of a half brother or half sister is half of
the share in the estate of a full brother, a full sister or a parent.
- 3. When, due to the application of paragraphs
1 and 2, the share in the deceased’s estate of a parent would be
less than a quarter, it is raised up to a quarter and the shares in this
estate of the remaining heirs are diminished proportionally.
Article 4:12 Inheritance by right of representation
- 1. When a person, who otherwise would have
been an intestate heir according to the applicable category as pointed
out by of Article 4:10 paragraph 1, at the moment on which the deceased’s
- does not live anymore;
- is unworthy to inherit;
- is disinherited;
- has rejected the inheritance;
- or cannot inherit anymore because his right of succession has expired,
then his descendents will, instead of him, inherit by right of representation.
- 2. Those who inherit by right of representation
are called to the deceased’s estate for equal parts of the share
in the inheritance of the person whose place they have taken.
- 3. Blood relatives who are further removed
from the deceased than in the sixth degree can never inherit by right