The widow's equalisation privilege refers to the right of the widow not to pass on the equalisation to the heirs of the deceased spouse. If a distribution is made after the death of a spouse and the widow owns more property than her deceased spouse, the widow is not obliged to distribute her property as a distribution to the heirs of the deceased spouse.
”If the widow is the wealthier of the two spouses, she does not have to pay a balance to the estate of the deceased spouse.”
What is a flatbed?
At the end of the marriage, a division is made if the spouses have had matrimonial property. In a division, the matrimonial property and debts of the spouses are added together and, as a general rule, divided equally between the spouses. Both will therefore receive an equal share. The matrimonial property regime is implemented by means of equalisation, whereby the spouse who has the greater savings in matrimonial property gives the other spouse an equal amount of matrimonial property.
A widow is the wealthier party
However, the distribution may show that the widow is wealthier than the deceased spouse. In this case, the deceased spouse is not required to pay a balance to his or her heirs, but is allowed to keep more of the assets for himself or herself.
Only the widow or widower is entitled to claim the equalisation privilege. She is not obliged to pay the balance to the heirs of a deceased spouse with less matrimonial property.
Obligation of heirs to transfer the balance to the widow or widower
Similarly, if the savings of the deceased spouse's matrimonial property were greater than the savings of the widow's matrimonial property, the heirs are obliged to make a gift of the balance.
How can a widow or widower invoke the equal treatment privilege?
The widow or widower must declare that she or he is invoking her or his right of equalisation. This is usually done at the latest when the deceased spouse's estate is probated. The person who draws up the deceased's will should be informed of the claim and enter it in the deceased's will.
Widow has strong protection
The law safeguards the right of a widow not to pass on the balance to the heirs of her deceased spouse. The widow's right to invoke the equalisation privilege does not depend on the difference in wealth between the spouses.
Example:
If the widow's assets are €500,000 and the deceased spouse's €5,000, the widow can invoke the widow's equalisation privilege and not transfer the equalisation to the estate of the deceased spouse.
Other points to note
The equalisation of the privilage cannot be settled at all in the settlement of the distribution. The absence of the possibility of mediation strongly protects the right of the widow.
Article drafted by the Advocate Tuula Rainto, Amos Law Firm. You can always call him free of charge on 010 299 5090. You can consult our price list Here.
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