When the spouse has no inheritance rights

The surviving spouse does not have the right to inherit and the right to a preliminary share, if the testator before his death
filed a claim for divorce or gave written consent to the dissolution of the marriage, as well as if the testator at the time of his death was entitled to demand recognition of the marriage as invalid and filed an appropriate claim to the court.

Spouse as the heir-at-law

Together with the relatives of the testator, the surviving spouse inherits by law, along with the heirs of the first order, in equal shares with the children of the testator, but not less than one fourth of the inheritance. Along with the heirs of the second order, half of the inheritance. If there are no relatives of either the first or the second order, the spouse of the testator inherits the entire inheritance.

The spouse of the testator may, in addition to his/her inheritance share, demand the establishment of the proprietary interest, under article 227 of the Proprietary Interests Law, to the real estate asset that was the common house of the spouses, provided that the financial position of the testator’s spouse may deteriorate as a result of the inheritance.

If the surviving spouse inherits together with the heirs of the second order, he/she receives, in addition to the hereditary share, in the form of a preliminary share, also the furnishing and the household items from the common house of the spouses, if the latter do not belong to the accessories of the immovable thing.