Dutch Civil Code

Book 4 Law of Succession

Title 4.3 Intestate succession in the relation between the spouse and the children of the deceased

Section 4.3.1 The law of intestate succession for a spouse who was not legally separated from the deceased and for the children of the deceased

Article 4:13 Division and apportionment of the estate between the spouse and the children of the deceased
- 1. The estate of a deceased person who has left behind as heirs a spouse and one or more children, will be divided and apportioned in accordance with the following paragraphs, unless the deceased has stated in his last will that the present Section will not apply at all.
- 2. The spouse acquirers by operation of law all assets of the deceased’s estate. The debts and liabilities of the estate are settled (performed) for his account. For the purpose of this paragraph the ‘debts of the estate’ shall include all expenditures made for account of the joint heirs in order to settle or perform testamentary obligations imposed by the last will of the deceased.
- 3. Each of the children shall acquire, as heir, by operation of law a financial debt-claim against the spouse of which the value corresponds with the value of this child’s share in the deceased’s estate. This debt-claim will become due and demandable (exigible):
a. if the spouse gets bankrupt or if he falls under the Debt Repayment Scheme for Natural Persons;
b. if the spouse dies.
The financial debt-claim will also become due and demandable (exigible) in the situations mentioned in the last will of the deceased as an event that makes such a claim collectable.
- 4. Unless the spouse and the children have agreed differently or the deceased has provided otherwise, the sum of money, meant in paragraph 3, is multiplied with an interest rate corresponding to that of the statutory interest. As far as this interest rate is higher than six per cent on an annual base, it will be calculated yearly as of the day on which the deceased’s estate had devolved. Only the principal sum is each time exclusively taken into account when the accrued interest is calculated.
- 5. If the debt-claim meant in paragraph 3 has become due and demandable (exigible) because the spouse has fallen under the Debt Repayment Scheme for Natural Persons, then this claim becomes, insofar it has not yet been satisfied, not again due and demandable (exigible) when the Debt Repayment Scheme for Natural Persons ends on one of the grounds mentioned in Article 356 paragraph 2 of the Bankruptcy Act ('Faillissementswet'). Article 358 paragraph 1 of the Dutch Bankruptcy Act does not apply to this claim.
- 6. For the purpose of the present Title (Title 4.3) the word 'spouse' does not include a spouse who was legally separated from the deceased when the deceased died.

Article 4:14 Liability for debts of the deceased’s estate (mutual liability of the spouse and children for these debts)
- 1. If the deceased’s estate has been divided and apportioned in accordance with Article 4:13, the spouse of the deceased is towards the creditors of the deceased and towards the children of the deceased obliged to satisfy the debts of the estate. In the mutual relationship between the spouse and the children the debts of the estate are solely for account of the spouse.
- 2. For debts of the deceased’s estate as well as for debts of the spouse which could be recovered from the assets of a community of property to which the spouse and the deceased were both entitled, the involved creditor has, in his relation to the other creditors of the spouse, priority when he is recovering his debt-claim from the assets that have become the property of the spouse by virtue of Article 4:13 paragraph 2.
- 3. The debts of the deceased’s estate cannot be recovered from the private assets of a child, with exclusion of that child’s financial debt-claim against the spouse as referred to in Article 4:13 paragraph 3. Yet, a recovery from other assets of the child is possible for the amount that this child already has received performance of that financial debt-claim through a payment or transfer of assets by the spouse, unless the child points out assets of the spouse which provide sufficient recourse for the creditor.
- 4. The obligation of the spouse towards the children to settle all debts of the deceased’s estate for his own account, as meant in paragraph 1, second sentence, applies as well when the amount of these debts exceeds the value of all assets of the estate, notwithstanding what is provided for by Article 4:184 paragraph 2.

Article 4:15 Valuation of the financial debt-claim of the children
- 1. As far as the heirs cannot come to an agreement on the assessment of the value of the financial debt-claims meant in Article 4:13 paragraph 3, this value shall be determined by the Subdistrict Court upon a request of any of the heirs. Article 677 up to and including Article 679 of the Code of Civil Procedure applies accordingly to this valuation.
- 2. Where the heirs did reach an agreement on the assessment of the value of the financial debt-claims that are granted to the children pursuant to Article 4:13 paragraph 3, the spouse and each of the children may request the Subdistrict Court to revalue these financial debt-claims on the ground that:
a. there has been a mistake about the value of the assets and/or debts of the deceased’s estate, having the result that at least one of the heirs has been disadvantaged for more than one fourth;
b. the value of the deceased’s estate has otherwise been calculated incorrectly, or
c. a financial debt-claim has not been calculated in accordance with the share in the deceased’s estate to which one of the children was entitled.
What has been provided for in Articles 3:196 paragraphs 2, 3 and 4, 3:199 and 3:200 of the Civil Code with regard to the division and apportionment of property, applies accordingly to a valuation of a financial debt-claim by the Subdistrict Court as meant in the present Article.
- 3. Article 4:229 up to and including Article 4:233 apply accordingly to such a valuation of the financial debt-claim.
- 4. Articles 3:187 and 3:188 of the Civil Code apply as well accordingly to such a valuation of the financial debt-claim.

Article 4:16 Written inventory of the deceased’s estate
- 1. The spouse and each child may demand that an inventory of the deceased’s estate is drawn up. The inventory of the estate shall include an appreciation of the value of all assets and debts (liabilities) of the deceased’s estate.
- 2. If the spouse or a child misses the legal capacity to administer his property independently, then his legal representative must, within one year after the death of the deceased, sign a written inventory of the deceased’s estate to confirm its correctness and hand it over to the Subdistrict Court in whose territory the spouse or child has his habitual residence. The Subdistrict Court may order that the inventory of the deceased’s estate must be drawn up by notarial deed.
- 3. Article 673 up to and including Article 676 of the Code of Civil Procedure apply accordingly to the inventory of the deceased’s estate and to the appreciation of the value of its assets and debts. For the purpose of the Articles mentioned in the previous sentence, the spouse and each child are regarded as a party to the inventory of the deceased’s estate.
- 4. The spouse and each child are entitled towards each other to examine and to receive a copy of all records, documents and other data carriers, which they need to assess their claims or rights. They must give the other the information that this other wants to receive for this purpose. They are obliged to cooperate with each other in order to obtain information from third persons.

Article 4:17 Paying off the child's financial debt-claim
- 1. The spouse may, subject to the provisions referred to in paragraph 2 and 3, pay off at any time, either partially or entirely, the financial debt-claim of the children meant in Article 4:13 paragraph 3 and the interest meant in paragraph 4 of that Article. A payment of the spouse shall be subtracted firstly from the principal sum, subsequently from the accrued interests, unless the deceased or, later, the spouse and the child jointly, have provided otherwise.
- 2. If a child has the right to make an application as meant in Article 4:19, 4:20, 4:21 or 4:22, the spouse or the spouse's heirs shall not pay off the financial debt-claim of this child without first having acted in conformity with Article 4:25 paragraph 3.
- 3. When the child, referred to in paragraph 2, is a minor or, although of age, legally incapable to administer his property independently, then the spouse needs the approval of the Subdistrict Court to pay off the financial debt-claim of this child. The Subdistrict Court decides in such cases with due observance of the criteria of Article 4:26 paragraph 1.

Article 4:18 The undoing of an apportionment that occurred by operation of law pursuant to Article 4:13
- 1. The apportionment of the deceased’s estate to the spouse of the deceased, which pursuant to Article 4:13 had taken effect by operation of law at the moment on which the deceased died, may be undone by the spouse within a period of three months after the devolvement of the deceased’s estate, through a declaration in a notarial deed, drawn up for this purpose, and the registration of that deed in the Register of Deceased's Estates. A representative may only make such a declaration in the name of the spouse on the basis of an explicit written procuration, signed by the spouse personally, from which appears that this specific person is allowed to act to this end as representative of the spouse.
- 2. The declaration meant in paragraph 1 has retroactive effect to the moment on which the deceased’s estate devolved. Rights of third parties, co-heirs included, acquired before the three month-period of paragraph 1 had expired, shall be respected. If the spouse, before he made his declaration as meant in paragraph 1, already had paid off a financial debt-claim on the basis of Article 4:13 paragraph 2, then this payment shall be compensated between him and the children.
- 3. The fact that the spouse is placed under adult guardianship or that the assets, which he has acquired from the deceased’s estate, fall under a fiduciary administration of property of an appointed legal administrator, does not prevent him from exercising his right as referred to in paragraph 1. This right is then exercised in accordance with the statutory provisions for adult guardianship or for the fiduciary administration of property concerned. If the spouse is bankrupt, if he falls under an official moratorium for payment or if he falls under the Debt Repayment Scheme for Natural Persons, then this right shall be exercised by the judicially appointed liquidator in the spouse’s bankruptcy (‘faillissementscurator’), the administrator appointed under an official moratorium of payment (‘bewindvoerder’) or the spouse and the legal administrator jointly, respectively.
- 4. If Section 18.3.2 of the Civil Code was applicable to the deceased, then the period of three months, mentioned in paragraph 1, shall start as of the day on which the court order, meant in Article 1:417 paragraph 1 or Article 1:427 paragraph 1 , respectively, has become final and binding.

Article 4:19 Remarriage of the surviving spouse and the consequences thereof for the financial debt-claims of the children
If a child has acquired a financial debt-claim against its surviving parent as a result of the fact that the entire estate of its first deceased parent has been apportioned pursuant to Article 4:13 paragraph 3 to the surviving parent, and this surviving parent has officially given notice of his intention to enter into a marriage again, then this surviving parent is obliged, upon the request of the child, to transfer one or more assets to that child for a total value not exceeding the child's financial debt-claim, raised with the interest meant in paragraph 4 of Article 4:13. This transfer takes place under the reservation of a usufruct, to be established on the transferred assets, unless the surviving parent has made clear that he does not want to obtain such a usufruct.

Article 4:20 Death of a remarried spouse and the consequences thereof for the financial debt-claims of the children
If a child has acquired a financial debt-claim against its surviving parent as a result of the fact that the entire estate of its first deceased parent has been apportioned pursuant to Article 4:13 paragraph 3 to the surviving parent, and this surviving parent himself dies after sometime while he is married to another person, then this other person, being the child’s stepparent, is obliged, upon the request of the child, to transfer one or more assets to that child for a value not exceeding the child's financial debt-claim, raised with the interest meant in paragraph 4 of Article 4:13. When the estate of the last deceased parent is not apportioned in accordance with Article 4:13, then the obligation meant in the previous sentence becomes incumbent upon the heirs of the surviving parent.

Article 4:21 Financial debt-claim of a child against a stepparent
When a child has acquired a financial debt-claim against its stepparent as a result of the fact that the entire estate of its first deceased parent has been apportioned pursuant to Article 4:13 paragraph 3 to its surviving parent, who subsequently has entered into a marriage with the before mentioned stepparent, then this stepparent is obliged, upon the request of the child, to transfer one or more assets to that child for a value not exceeding the child's financial debt-claim, raised with the interest meant in paragraph 4 of Article 4:13. This transfer takes place under the reservation of a usufruct, to be established on the transferred assets, unless the stepparent has made clear that he does not want to obtain such a usufruct.

Article 4:22 Financial debt-claim of a child against a stepparent who has died
When a child has acquired a financial debt-claim against its stepparent as a result of the fact that the entire estate of its first deceased parent has been apportioned pursuant to Article 4:13 paragraph 3 to its surviving parent, who subsequently has entered into a marriage with the before mentioned stepparent, and this stepparent dies after a while, then the heirs of that stepparent are obliged, upon the request of the child, to transfer one of more assets to this child for a value not exceeding the child's financial debt-claim, raised with the interest meant in paragraph 4 of Article 4:13.

Article 4:23 Legal relationship between the usufructuary (spouse) and the main proprietor of the assets encumbered pursuant to the previous Articles
- 1. The statutory provisions for a right of usufruct, as provided for by Title 3.8 of the Civil Code, apply as well to a usufruct established pursuant to Article 4:19 or 4:21, on the understanding that:
a. the spouse (usufructuary) is exempted from the obligation to send annually to the main proprietor a signed precise list of the assets subject to usufruct that are no longer present and of the assets that have been obtained in return for these lost assets as well as of the advantages produced by the encumbered assets other than their fruits (Article 3:205 paragraph 4) and that the spouse is as well exempted from the obligation to provide security as meant in Article 3:206 paragraph 1, whereas Article 3:206 paragraph 2 is not applicable;
b. the Subdistrict Court may also give its authorisation as meant in Article 3:212 paragraph 3 as far as this is necessary because the spouse (usufructuary) is in need of (the provision of) care and support of the spouse (usufructuary) or in view of the obligation of the spouse as referred to in Article 4:13 paragraph 2 [obligation to settle the debts of the deceased estate for his account].
- 2. On the ground meant in paragraph 1 under point (b), the Subdistrict Court may grant the spouse (usufructuary), upon his request, the right to convey (dispose of) and to consume (use up) the assets subject to usufruct as meant in Article 3:215 of the Civil Code. The main proprietor of the assets must be called to these legal proceedings. In its court order the Subdistrict Court may issue additional arrangements.
- 3. At the moment on which the spouse conveys (alienates) property subject to usufruct, the main proprietor will obtain, contrary to what is regulated to this end in Article 3:213 paragraph 1, first sentence, and Article 3:215 paragraph 1, a financial debt-claim against the spouse for an amount equal to the value of the conveyed assets at the moment of alienation, unless the main proprietor and the spouse have agreed differently. Article 4:13 paragraph 3 and 4 and Article 4:15 paragraph 1 apply accordingly to this financial debt-claim of the main proprietor, on the understanding that the interest referred to in Article 4:13 paragraph 4 shall be calculated as of the day on which the financial debt-claim came to existence.
- 4. The spouse and the main proprietor or the Subdistrict Court, upon the request of one of them, may make further arrangements with respect to the legal relationship between the spouse (as usufructuary) and the main proprietor; this may de done either at the moment on which the usufruct is established or at a later time.
- 5. The spouse is not allowed to transfer his right of usufruct to a third person, nor is he allowed to encumber it with a limited property right on behalf of someone else.
- 6. The spouse cannot invoke his usufruct against creditors who want to recover their debt-claims from the assets subject to usufruct as far as it concerns the settlement of debts of the deceased’s estate or of debts of the spouse which could have been recovered from the assets of a community of property to which the spouse and the deceased where both entitled. Article 3:282 of the Civil Code is not applicable to a recovery as meant in the previous sentence.

Article 4:24 Obligation to transfer assets to a child
- 1. The obligation to transfer one or more assets as meant in Articles 4:19, 4:20, 4:21 and 4:22, concerns assets which have formed a part of the deceased's estate or of the marital community of property that has been dissolved at the deceased's death. Contrary to the first sentence, the obligation to transfer one or more assets as meant in Articles 4:21 and 4:22 does not concern assets which the stepparent has put in the marital community of property to which he and the deceased were entitled.
- 2. The obligation to transfer one or more assets as meant in Articles 4:19, 4:20, 4:21 and 4:22, also concerns assets which are acquired in the place of (as a replacement of) one or more of the assets mentioned in paragraph 1, first sentence. If an asset is acquired through the use of resources which for less than half originate from the deceased's estate or the dissolved marital community of property meant in paragraph 1, then it does not fall within the scope of the obligation meant in the first sentence of this paragraph. As far as an asset has been acquired through the use of resources arising from a loan, then these resources cannot be regarded as recourses meant in the second sentence of this paragraph.
- 3. An asset that belongs to the property of the person who is obliged to transfer this asset or that belongs to the marital community of property to which this person is entitled, is presumed to have been a part of the deceased's estate or of the dissolved marital community of property, referred to in paragraph 1, first sentence, or to have come in the place of such an asset.

Article 4:25 Value of the to be transferred assets; obligation to inform other children; unilateral rights of the children
- 1. The value of the to be transferred assets, which value has to be determined at the moment of the transfer, is subtracted firstly from the principal sum that is indebted to the child, and subsequently from the ascertained interest, unless the deceased or the parties to the transfer have agreed otherwise. For the purpose of Article 4:19 and 4:21 the value of the assets is determined without taking into account the usufruct that may have been established simultaneously at the transfer of the assets.
- 2. A child who intends to make an application as meant in Article 4:19, 4:20, 4:21 or 4:22, has to give notice of his intention to the other children who could lodge such an application as well. This notice has to be given at such a moment that the other children still have sufficient time to decide if they want to lodge such an application themselves.
- 3. A person who could become obliged to transfer one or more assets to a child as meant in the previous Articles, may set a reasonable time within which that child has to make an application as referred to in Article 4:19, 4:20, 4:21 or 4:22. When this child makes such an application, he must give notice thereof to the other children who could make such an application as well for themselves.
- 4. Where a person who is obliged to transfer one or more assets as meant in the previous Articles and a child or where two or more children cannot come to an agreement with each other on the transfer of one or more assets, the Subdistrict Court shall, upon the request of one of the persons concerned, decide over this matter, taking into account each person's interest in accordance with reasonableness and fairness.
- 5. As far as a child transfers (assigns) his financial debt-claim, obtained under Article 4:13 paragraph 3, to a third party, the rights mentioned in Articles 4:19, 4:20, 4:21 and 4:22 will end definitely
- 6. The deceased may in his last will extend, limit or eliminate the obligations meant in Articles 4:19 up to and including 4:22.

Article 4:26 Unilateral rights of persons without full legal capacity
- 1. Where a minor child has a right as mentioned in Article 4:19, 4:20, 4:21 or 4:22 and its legal representative has the intention to make use of it, this legal representative must notify the Subdistrict Court thereof within three months after the moment on which the right was obtained,. When such a child has no legal representative, this period starts as of the day of appointment of a legal representative. When the Subdistrict Court decides if it will grant or reject its approval to the intention of the legal representative to exercise the involved right, it shall take into account, in accordance with reasonableness and fairness, the interests of the child, of the other children who as well have this right and of the person against whom this right may be exercised. The court may grant its approval under additional conditions. If necessary the Subdistrict Court may take a decision of its own.
- 2. The same applies if the child is of age, but lacks the legal capacity to administer his property independently. Where the financial debt-claim of such a child, obtained under Article 4:13 paragraph 3, falls under a (fiduciary) administration of property of an appointed legal administrator, the right as meant in paragraph 1 is exercised in accordance with the statutory provisions applicable to that administration of property. If such a child gets bankrupt, falls under an official moratorium for payment or falls under the Debt Repayment Scheme for Natural Persons, then the obligation shall be incumbent upon the judicially appointed liquidator in the spouse’s bankruptcy (‘faillissementscurator’), the administrator appointed under an official moratorium of payment (‘bewindvoerder’) or the spouse and the legal administrator jointly, respectively.
- 3. If the right to make an application as meant in Articles 4:19, 4:20, 4:21 and 4:22 has been renounced (waived) with approval of the Subdistrict Court, then it is not longer possible to make such an application. The Subdistrict Court may have provided otherwise in its approving court order.

Article 4:27 Stepchildren
A testator may stipulate in his last will that, for the purpose of the apportionment of his estate as meant in Article 4:13, a stepchild is equated with an own child. If such a stipulation has been made, this Section shall apply accordingly to the extend that the testator has not provided otherwise. The descendants of the stepchild may be called to the estate as well by right of representation.

Section 4.3.2 Other statutory rights

Article 4:28 Right of the spouse to continue the use of a residential space and its household effects
- 1. If a residential space where the spouse of the deceased lives at the moment on which the deceased dies belongs to the deceased’s estate or to the dissolved marital community of property to which the deceased was entitled or if the deceased was allowed to use a residential space on another basis than a lease agreement, then this spouse is entitled towards the heirs to continue to live in that residential space for a period of six months under similar terms and conditions as applicable before the death of the deceased. The spouse is in the same way and for an equal duration entitled to continue the use of the household effects of such a residential space, as far as these belong to the deceased’s estate or to the dissolved marital community of property to which the deceased was entitled or as far as the deceased had a right to use them.
- 2. Persons who lived in a joint household with the deceased up until his death, have towards the heirs and the spouse of the deceased corresponding rights with regard to the use of a residential space and its household effects that belong to the deceased’s estate or to the dissolved marital community of property to which the deceased was entitled.

Article 4:29 Usufruct of the residential space and its household effects
- 1. As far as a stipulation in the last will of the deceased has the effect that his spouse shall not become the sole proprietor of a residential space in which that spouse, up until the death of the deceased, lived alone or together with the deceased, which residential space now belongs to the deceased's estate, the heirs must cooperate in establishing a usufruct on that residential space on behalf of the spouse as far as he requests them to do so. The same applies to the household effects of such a residential space. The previous two sentences do not apply as far as the Subdistrict Court has applied Article 4:33 paragraph 2, under point (a) after a request had been lodged for this purpose.
- 2. As long as the spouse is entitled to invoke paragraph 1 [for a period of six months], the heirs are not allowed to convey (transfer or encumber) the property referred to in paragraph 1, nor are they allowed to lease that property out; during this period this property cannot be foreclosed by any creditor, unless this is done for the recovery of one of the debts of the deceased's estate mentioned in Article 4:7 paragraph 1, under point (a) up to and including point (f).
- 3. Paragraph 1 and 2 apply accordingly to the legatees and beneficiaries of a testamentary obligation with regard to property that they have acquired as such from the deceased's estate.

Article 4:30 Usufruct of other property
- 1. Upon the request of the spouse of the deceased, the heirs must cooperate in establishing a usufruct on behalf of that spouse on other assets of the deceased's estate than those mentioned in Article 4:29, as far as the spouse, considering all circumstances, is in need of (the provision of) care and support, including the need arising from his duty to perform the obligations incumbent upon him by virtue of Article 4:35 paragraph 2 [provision of care and support to a child of the deceased].
- 2. Paragraph 1 also applies to what must be considered to have come in the place of other assets of the deceased's estate (replacements). Additionally, paragraph 1 applies to a financial debt-claim as meant in Article 4:13 paragraph 3, if the events that make it due and demandable have been expanded by the deceased in his last will. A usufruct of a financial debt-claim as meant in the second sentence ends in any event if the spouse gets bankrupt or falls under the Debt Repayment Scheme for Natural Persons. In the latter case the usufruct on the financial debt-claim will revive as soon as the Debt Repayment Scheme for Natural Persons no longer applies on the basis of Article 356 paragraph 2 of the Bankruptcy Act, but only for the part of that financial debt-claim that has not been satisfied yet. Article 358 paragraph 1 of the Bankruptcy Act does not apply to such a financial debt-claim.
- 3. The previous paragraphs apply accordingly to legatees and beneficiaries of a testamentary obligation with regard to assets that they have acquired in this capacity from the deceased's estate. The assets meant in the first sentence include sums of money and limited property rights in the assets of the estate which a legatee or beneficiary has acquired pursuant to the bequest or testamentary obligation in question.
- 4. The deceased may appoint in his last will one or more assets that qualify to be encumbered with a usufruct prior to or after any other assets of his estate.
- 5. As far as the deceased has not exercised the right granted to him in the previous paragraph, the assets acquired from his estate by a legatee or beneficiary pursuant to a bequest or a testamentary obligation, respectively, may only be encumbered with a usufruct insofar the other assets of his estate are insufficient to provide the care and support that the spouse needs. As far as a bequest is considered to be made to comply with a natural obligation of the deceased, it only qualifies to be encumbered with a usufruct after other bequests.
- 6. As far as the spouse and the persons whose cooperation is required for the establishment of a usufruct, cannot reach an agreement on the assets to be encumbered, the Subdistrict Court may order, upon the request of one of the involved parties, how these assets must be pointed out or it points out these assets itself, with due observance of fairness and of the interests of all involved parties.
- 7. In determining how much care and support the spouse needs, the assets to which he already was entitled and the assets to which he has become entitled due to the inheritance are added with the assets which he could have acquired under the law of succession from the deceased's estate [if he had not rejected them], with the exception of the usufruct which he could have established on the basis of the previous Article. Furthermore, these assets are added with what he could have acquired from a capital sum insurance policy which has become due and demandable at the death of the deceased [if the spouse had not rejected this insurance].

Article 4:31 Statutory provisions applicable to a usufruct established under the present Section; prescription periods and statutory time limitations
- 1. Article 4:23 paragraphs 1, 2, 4 and 5 applies accordingly to a usufruct as meant in Article 4:29 and 4:30. This usufruct cannot be invoked against creditors who are recovering their debt-claims from the assets subject to usufruct in order to collect one of the debts of the deceased's estate mentioned in Article 4:7 paragraph 1, under point (a) up to and including point (f). A foreclosure of these assets, however, is not allowed if the spouse points out other assets of the deceased's estate, not encumbered with usufruct, that offer sufficient recourse.
- 2. The possibility to claim a usufruct on the basis of Article 4:29 or 4:30 ceases to exist due to a statutory time limitation if the spouse has not within a reasonable period, to be set by an interested party, made clear that he claims such a usufruct, but at least, where it concerns a usufruct under Article 4:29, on the expiry of six months from the death of the deceased and, where it concerns a usufruct under Article 4:30, on the expiry of one year from the death of the deceased.
- 3. A right of action based on Article 4:29 or 4:30 becomes prescribed on the expiry of one year and three months from the moment on which the deceased's estate has devolved.
- 4. Where the deceased in his last will has denied his spouse the right to reserve a usufruct for himself in the event that an asset of the deceased's estate is transferred pursuant to Article 4:19 or 4:21, then, contrary to paragraph 2, the possibility to claim such a usufruct on that asset on the basis of Article 4:29 or 4:30, ceases to exist due to a statutory time limitation of three months since the moment on which the transfer of this asset was claimed. In that case the right of action to claim this usufruct becomes prescribed on the expiry of one year and three months from the moment on which the transfer of this asset was claimed.

Article 4:32 No usufruct when an application for a divorce or legal separation was lodged at least one year earlier
The spouse of the deceased cannot claim a usufruct as meant in Article 4:29 or 4:30 when an application for a divorce or legal separation was lodged in court at least one year prior to the devolvement of the deceased's estate and the divorce or legal separation could not be effectuated as a result of the death of the deceased. The first sentence is not applicable if the spouse is not mainly to blame for the circumstances which caused that the divorce or legal separation could not be effectuated within the applicable period prior to the devolvement of the deceased's estate.

Article 4:33 Possibilities of the Subdistrict Court to intervene in an existing usufruct
- 1. Upon the request of the main proprietor of an asset encumbered with usufruct and provided that this serves important interests of the main proprietor and that the interests of the spouse are not harmed seriously, the Subdistrict Court may:
a. apportion from the deceased’s estate to this main proprietor an asset subject to usufruct, either encumbered with or without that usufruct;
b. end the usufruct of one or more assets;
c. limit or terminate the rights to which the spouse is entitled due to his right of usufruct;
d. put the right of usufruct, in the interest of the main proprietor, under a (fiduciary) administration of property of an appointed legal administrator.
- 2. As far as the spouse, considering all circumstances, is in need of (the provision of) care and support, including the need arising from his duty to perform the obligations incumbent upon him by virtue of Article 4:35 paragraph 2 [provision of care and support to a child of the deceased], the Subdistrict court may, without prejudice to paragraph 1:
a. upon the request of the proprietor: eliminate the obligation to cooperate in the establishment of a usufruct on behalf of the spouse or;
b. upon the request of the main proprietor: end the usufruct.
- 3. Other proprietors will be called to the proceedings as well. The Subdistrict Court may issue additional arrangements in its court order.
- 4. A proprietor may at all times appeal in court to the ground mentioned in paragraph 2 for the elimination of an obligation to cooperate in the establishment of a usufruct in order to defend himself against a legal claim or other legal measure that is brought to court in pursue of such an obligation.
- 5. When applying paragraph 2, the Subdistrict court must always take into account:
a. the age of the spouse;
b. the composition of the household of which the spouse is a member;
c. the possibilities of the spouse to maintain and support himself through work, a pension, his own property or other means and resources;
d. what in the circumstances is considered to be an appropriate level of maintenance for the spouse.

Article 4:34 Abatement of gifts made by the deceased
-1. As far as the deceased’s estate is not sufficient to satisfy the claims to which the spouse is entitled pursuant to Articles 4:29 and 4:30, the spouse may proceed to an abatement of the gifts (donations) made by the deceased as far as these gifts (donations) qualify for a reversal on the basis of Article 4:89 paragraph 2 and 3 and Article 4:90 paragraph 1 and 3. Articles 4:66, 4:68 and 4:69 apply accordingly to such an abatement. If the spouse, after the abatement, has not yet obtained all that is due to him, he may recover his claim from the assets acquired by a forced heir on account of an abatement realised in pursue of his mandatory (legitimate) share.
- 2. By exercising the rights meant in paragraph 1 the spouse will obtain a usufruct on the amount of money for which the abatement has taken place or for which he has taken recourse. Article 4:23 paragraph 1, 2, 4 and 5 applies accordingly to this usufruct.
- 3. If necessary, the usufruct of the spouse may extend itself to all assets of the deceased’s estate and to all amounts of money for which the gifts referred to in paragraph 1 can be abated.
- 4. Disputes on the application of the present Article and on the application of Articles 4:35 up to and including 4:37 are settled by the Subdistrict court upon the request of the most appropriate party.

Article 4:35 A lump sum for care and upbringing or for maintenance and education
- 1. A child of the deceased, including a child as meant in Article 394 of Book 1 of the Civil Code, may claim a lump sum amount, payable at once, as far as this is necessary:
a. for its care and upbringing, until it reaches the age of eighteen years, and furthermore:
b. for its maintenance and education, until it reaches the age of twenty one years.
- 2. Where it concerns care and upbringing, the child is not entitled to this lump sum as far as the spouse or an heir of the deceased is obliged under law or agreement to provide for the payment of these costs. Where it concerns maintenance and education, the child is not entitled to this lump sum as far as the spouse of the deceased is obliged under Article 1:395a of the Civil Code to provide for the payment of these costs.
- 3. The lump sum is reduced by whatever the eligible child, if it would have appealed to it, could have acquired from the deceased’s estate under the law of succession or from a capital sum insurance policy that has become due and demandable (exigible) at the death of the deceased [if the child would not have rejected this entitlement].

Article 4:36 A lump sum as compensation for performed work
- 1. A child, stepchild, foster child, child-in-law or grandchild of the deceased that, during the time that it was of age, has worked in the household or in the professional practice or business of the deceased without receiving an appropriate reward for the kind of work performed, may claim a lump sum to the extend that this may be regarded as a fair compensation for the work that has been performed by this child.
- 2. The lump sum is reduced by whatever the eligible child has received from the deceased and by whatever it has received or, if it would have appealed to it, could have received from a bequest or a capital sum insurance policy that has become due and demandable at the death of the deceased, insofar what is or could have been received may be considered as a reward for the work that has been performed by this child.

Article 4:37 Claiming a lump sum
- 1. A person who demands the payment of a lump sum, indebted to him by virtue of Article 4:35 or 4:36, has a claim against all heirs jointly. The possibility to lay a claim to this lump sum ceases to exist due to a statutory time limitation if the eligible person has not made clear, within a reasonable period as set for this purpose by an interested party, and at the latest within nine months after the death of the deceased, that he wishes to receive the lump sum.
- 2. The debt-claim of the eligible person shall not become due and demandable (exigible) before at least six months have passed since the moment on which the deceased died.
- 3. The right of action of the person who may claim the before mentioned lump sum becomes prescribed on the expiry of one year from the death of the deceased. If the deceased leaves behind a spouse, then this period is extended on behalf of a person who claims a lump sum by virtue of Article 4:36, by one year from the moment on which this spouse has died.
- 4. The total of all lump sums, chargeable by virtue of Article 4:35 and Article 4:36, cannot exceed one half of the value of the deceased’s estate; if it does, each of the lump sums will be reduced proportionately. In the present Article ‘the value of the deceased’s estate’ shall mean the value of the assets of the estate of the deceased reduced by the debts of the deceased’s estate as referred to in Article 4:7 paragraph 1 under point (a) up to and including point (e).
- 5. The lump sums shall be abated (paid) from the part of the deceased’s estate that has not been disposed of by testamentary disposition and subsequently, when this part of the estate is insufficient, from the bequests; Article 4:87 paragraph 2, second sentence, applies accordingly to an abatement necessary to obtain payment of the before mentioned lump sums.

Article 4:38 Right to claim the transfer of business assets or of company shares that belonged to the deceased
- 1. Upon the request of a child or stepchild of the deceased, provided that this serves important interests of that child or stepchild and that the interests of the proprietor, in comparison, are not harmed seriously as a result, the Subdistrict Court may order the proprietor of assets which were subservient to the professional practice or business of the deceased and which are now belonging to the deceased’s estate or to a marital community of property to which the deceased was entitled, to transfer these assets for a reasonable and fair price to that child or stepchild or to the spouse of this child or stepchild because that child or stepchild or this spouse shall continue the professional practice or business of the deceased. The Subdistrict court may issue additional arrangements in its court order.
- 2. The previous paragraph applies accordingly to stocks and shares in a limited liability corporation (‘Naamloze Vennootschap’) or in a private limited company (‘Besloten Vennootschap’) of which the deceased was the director and in which he, alone or together with the other directors, held the majority of the shares, provided that the child or stepchild or the spouse of this child or stepchild, at the time of death of the deceased, already was a director of that corporation or company or that this child or stepchild or this spouse takes over the deceased’s position of director in that corporation or company.
- 3. The previous paragraph is only applicable as far as the statutory provisions of Book 2 of the Civil Code or the articles of association of the involved corporation or company do not oppose against such a transfer of stocks or shares.
- 4. The right to make an application as meant in paragraph 1 and 2, ceases to exist due to a statutory time limitation of one year from the moment on which the deceased died.
- 5. The present Article applies accordingly to the spouse of the deceased who continues the professional practice or business of the deceased, even when this spouse has acquired or is able to acquire a usufruct on the to be transferred business assets on the basis of the present Section.

Article 4:39 Right of non-heirs to receive information
A person who is not an heir, but who has a right as referred to in Articles 4:29 up to and including 4:33, 4:35, 4:36 or 4:38, has the same rights as those granted to a forced heir by virtue of Article 4:78.

Article 4:40 Start of a prescription period or a period for a statutory time limitation when a person is missing
When Section 1.18.2 or 1.18.3 of the Civil Code is applicable to a deceased person, the periods, mentioned in Article 4:28 paragraph 1, Article 4:37 paragraph 2, first sentence, and paragraph 3, second sentence, and Article 4:38 paragraph 4, start to run as of the day on which the court order, referred to in Article 1:417 and Article 1:427 paragraph 1 of the Civil Code, respectively, has become final and binding.

Article 4:41 Mandatory law
It is not possible for a testator to derogate in his last will from the provisions of the present Section.