6 What are the consequences of death?
In succession proceedings, property rights and obligations of the former spouses are assessed according to the property regime that existed between them (i.e., either statutory regime, contractual regime or regime established by a court decision) and also according to the instructions (last will) which were made by the deceased spouse regarding his/her property in case of his/her death. If necessary, the principles for the division of property by the court, listed in section 5.1., will be applied. However, the surviving spouse and the heirs may agree otherwise (Section 764 para. 1 of the Civil Code).
The deceased’s part of the terminated and divided joint property (usually one half of the terminated joint property) forms part of his/her estate (together with his/her personal property) which is subject to succession. The surviving spouse and the deceased’s children inherit in the first order of succession, each of them in equal parts (Section 1635 para. 1 of the Civil Code).
