If divorce proceedings are pending on the death of the testator, the surviving spouse loses his or her right to claim the statutory entitlement if:
the proceedings were instigated by joint request or continued by joint request in accordance with the rules on divorce; or
the spouses have lived apart for at least two years.
Footnotes
- [517] Amended by No I of the FA of 18 Dec. 2020 (Law of Succession), in force since 1 Jan. 2023 (AS 2021 312; BBl 2018 5813).
In such a case, the statutory entitlements apply as if the testator had never married.
Paragraphs 1 and 2 apply mutatis mutandis to proceedings to dissolve a registered partnership.