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Division of wealth after a spouse's death

When a marriage ends in the death of a spouse, the surviving spouse has the right to half of the couple's combined wealth as their marital right.

The marital right does not apply, if the married couple have a prenuptial agreement and it stipulates that they have decided otherwise.

A marital right can also be limited by a will and testament and a deed of donation. If the deceased has in the past inherited property or received property as a gift, and the testator or gift-giver has wanted to exclude the spouse from this, the surviving spouse's marital right does not extend to that portion of the deceased spouse's wealth.

The marital right will be realised in the distribution of matrimonial assets.

Text edited by: editorial team
Updated: 7/7/2021