Article 53 — Rights of the Surviving Spouse

1. 1.

   The surviving spouse or registered partner is entitled to:

   1. Where heirs of the first order survive: one-quarter of the estate in full ownership.
   2. Where heirs of the second order survive: one-half of the estate in full ownership.
   3. Where no heirs of the first or second order survive: the whole estate.
2. 2.

   The spouse’s share is in addition to any right arising under the matrimonial property regime.

3. 3.

   A spouse from whom the deceased was separated by divorce or annulment at the time of death has no right of intestate succession.