If the applicable matrimonial property regime is community of property, then the surviving spouse is entitled to one-half of the undivided community property, while the other half goes into the estate of the deceased. The surviving spouse holds a special position in the inheritance law: according to the law, if he/she is an heir together with children, all of the assets from the deceased's estate are allocated to him/her under the obligation to pay off the debts (see Art. 4:13 BW et seq.). If in the deceased's will it is determined that the surviving spouse shall not inherit anything or he/she is otherwise in need, he/she can request from the heirs the right of use and the right of usufruct with regard to the former matrimonial home (see the Art. 4:28 and Art. 4:29 BW) and request a right of usufruct on other assets (see Art. 4:30 BW).

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