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Article 53 — Rights of the Surviving Spouse

  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. The spouse's share is in addition to any right arising under the matrimonial property regime.
  3. A spouse from whom the deceased was separated by divorce or annulment at the time of death has no right of intestate succession.