6 What are the consequences of death?

  • Under the separation of property/participation in acquisitions system, the surviving spouse inherits at least a part of the estate of the deceased spouse either based on the provisions of the will or based on the provisions on intestacy. According to the provisions on intestacy, the spouse receives one quarter of the estate where there are children. If there are no children, he/she inherits one half of the estate along with the siblings of the deceased or their children and the parents of the deceased or in their absence grandparents, uncles and first cousins. Where there are no next of kin, he/she inherits the entire property (Art. 1820-1821 HCC). Notwithstanding what the deceased has provided in his/her will, the surviving spouse is entitled to his/her legal share of the property which amounts to half of the intestate share corresponding to him/her.
  • Under the community of property system, in case of death of one spouse the regime is terminated and the surviving spouse receives his/her share of the common property. Besides that, he/she inherits a part of the deceased spouse's share of the common property and of the latter's personal property either in line with the provisions of the will or in line with the provisions on intestacy in the manner stated above. In order for the surviving spouse to inherit in accordance with the above, the deceased spouse must not have filed an action for divorce against his/her spouse before his/her death (Art. 1822 HCC).