Can Divorced Spouses Become Heirs?
With the finalisation of the divorce case, the spouses can no longer be heirs to each other.
At this point, the testamentary dispositions made by the spouses in favour of each other are automatically abolished. However, the opposite can be agreed upon.
In the event that the plaintiff spouse dies while the divorce case is pending, if one of the heirs continues the case and proves the defendant’s fault, the surviving spouse can no longer be an heir to the deceased spouse and cannot claim any rights with the testamentary dispositions made in his/her favour. Otherwise, the marriage ends in death and the surviving spouse’s heirship continues.
The right to sue for nullity of marriage does not pass to the heirs. However, it is possible for the heirs to continue the lawsuit. As a result of the lawsuit, the surviving spouse, who is found not to be in good faith during the marriage, cannot be a legal heir and loses the rights arising from the death-related dispositions made in his/her favour before.
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