6 What are the consequences of death?
In case of death of one spouse, the matrimonial property regime is terminated and, if the community of property was applicable, the community property will be divided according to the principles described under 5.1. The surviving spouse receives his/her share whereas the other part of the community property goes to the deceased's estate, which is divided pursuant to the provisions of the Succession Act. According to that law, the surviving spouse inherits a part equal to the part of each child. If the children of the deceased have already died or are unworthy to inherit, their descendants are entitled to inherit (Art. 10 Succession Act).
When a spouse inherits together with ascending heirs or with brothers and sisters of the deceased or their descendants, he/she shall receive half of the estate, if it has been opened before the completion of 10 years of marriage, but otherwise receives two thirds of the inheritance. When the spouse inherits together with ascending heirs and with brothers and sisters of the deceased or their descendants, he/she shall receive one third of the inheritance in the first case (before the completion of 10 years of marriage) and one half in the second. If there are no other heirs, the spouse inherits the entire property (Art. 9 Succession Act).
