Fact Sheet 1: Rights of close heirs in the absence of a will

Introduction

The following comparative table concerns the member countries of the LEXUNION network. It presents
the inheritance rights assigned to the spouse or surviving partner and to the heirs in direct line, namely
descendants and ascendants, when the deceased left no will.

The rights of collateral heirs
(brothers/sisters, nephews/nieces, etc.,) are not considered here so as not to complicate the
document.

What is the purpose of this Fact Sheet?

This Fact Sheet aims to present an overall view of the rights of the heirs in question in all member states of the
Lexunion network when the deceased left no will.

The forthcoming number will examine the indefeasible interests of these same heirs, meaning the minimum
share that must go to them, for the case where the deceased has left a will.

The combination of these two documents will enable:

• A comparative analysis of the extent of testamentary freedom,
• An analysis of the appropriateness of writing a will depending on the country of residence,
• An analysis of the appropriateness of having recourse, in an international context, to the choice of law
  (professio juris) offered by Regulation (EU) 650/2012 on inheritance.

We invite you to consult the professionals of the LEXUNION network to study your actual situation and obtain
advice on the issues and appropriateness of a choice of inheritance law.