How does the pronouncement of separation affect the question of inheritance from a spouse?

To begin with, it is worth recalling what we really mean by separation. It should be noted that we can distinguish between two types of it, namely factual separation, that is, a separation as a result of which the spouses decide on their own and the court does not interfere in matters between the spouses. Legal separation, on the other hand, is a separation decreed by the court.

 

With regard to legal separation, it is worth pointing out that it is created by a court order or judgment. A court decree of separation carries a number of consequences, one of the most important of which is the exclusion of the surviving spouse from statutory inheritance. It should be borne in mind that the spouse will be excluded from the statutory inheritance by the very request of the testator for a decree of separation on the part of the spouse if the request is justified. 

 

It is worth remembering that a court decree of separation does not prevent the testator from drawing up a will. In such a case, the heir, which in this case is the spouse, will be appointed to the inheritance resulting from the will and the separation does not exclude him from it. 

 

 

Of course, in many cases, separation is only a temporary period for spouses. So let’s consider how the situation of statutory inheritance will look like after the separation is lifted by the court ? In this case, the previously ruled separation will be irrelevant, and the surviving spouse will be appointed to the inheritance by law. 

 

Referring to de facto separation, it very often happens that spouses live in such a state for several or even several years. It is worth noting, however, that in a situation in which neither of them has applied for a judicial declaration of separation as a result of the death of either of them, the surviving spouse will be appointed to the inheritance under the law in accordance with the provisions of the Civil Code. 

 

The relationship between separation and the issue of statutory inheritance is therefore complex, and everything depends on the specific case.

 

If you have any questions or doubts, as well as if you would like to cooperate with us in conducting a case for the division of joint property, we invite you to contact our attorney Catherine, who will be happy to answer your questions and help you throughout the procedure.

 

Phone: +48 502 775 164

Email: k.lewicka@lzw-law.com