6 What are the consequences of death?
Each spouse, irrespective of what matrimonial property regime is applicable, is entitled to dispose freely of his/her own property in the case of death (Art. 88 CC).
The surviving spouse inherits from the deceased spouse irrespective of what matrimonial property regime was applicable between the spouses during the marriage (Art. 392 CC).
The surviving spouse receives the same share of the deceased’s estate as each child if the number of remaining children is less than four. If the number of children is four or more, he/she receives one fourth (Art. 393 CC).
If the deceased spouse has no surviving descendants, nor adopted children, the surviving spouse receives one half of the inheritance and, additionally, the furnishings of the spouses’ dwelling.
If there are no surviving descendants, adopted children, ascendants, nor brothers or sisters or children of them, or if the remaining inheritors do not claim their share, the whole inheritance goes to the surviving spouse (Art. 396 CC).
