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Diamars, 12 October 2021 AWEMainta.com 19

Everything you need to know about the

New Aruba Inheritance Law By: Richie Kock

Aruba has a new Inheritance Law as per September 1st, 2021,

which was introduced as part of a refurbished Aruba Civil Code

The Aruba Inheritance Law (AIL) is regulated by Book 4 of the Aruba Civil Code (ACC) and has been drastically amended. Among others, the surviving
spouse is protected under the AIL, whilst the children can be disowned due to the abolishment of the legitimate portion (legitieme portie). Furthermore,
certain legal rights are granted to the surviving spouse and children, as well as the concubine if certain conditions are met.

This article is not intended as a deep dive into the New AIL because the changes are too numerous. Only the most important and notable changes are
discussed below in a brief and concise manner.

For the purposes of this article, the father is always assumed to be the deceased spouse and/or testator, whilst the mother is always
assumed to be the surviving spouse.

Heirs and right of representation (plaatsvervulling)

Under the New AIL, the intestate heirs (erfgenamen uit eigen hoofde) of the father are successively: 1) the not legally separated spouse and
children, 2) the parents and siblings, 3) the grandparents, 4) the great grandparents. The intestate heirs inherit for equal shares.

The descendants of the child, sibling, grandparent or great grandparent are called to the deceased father’s estate by right of representation if the
aforementioned persons are ‘unavailable’ at the time of devolvement of the estate (openvallen van de nalatenschap) due to said persons: 1) no
longer being alive, 2) having been declared unworthy of receiving the inheritance, 3) having been disowned, 4) having rejected the inheritance or due
to expiration of the right to inherit.

The right to inherit reaches no further than blood relatives removed from the deceased father in the sixth (6th) degree.

Abolishment of the legitimate portion (legitieme portie)

Under the Old AIL, the children had a statutory minimum share in the estate of their parents, i.e. the legitimate portion. The legitimate portion was
a statutory right (wettelijk recht) of the children that could not be excluded or limited (by testament). A notable change in the New AIL entails the
abolishment of the legitimate portion. The abolishment of the legitimate portion makes it possible for parents to effectively disown their children.

The Old AIL: the testamentary Parental Division of Assets

Under the Old AIL, the children could immediately claim their share in the deceased father’s estate. In order to protect the mother, the father could
stipulate in his will that the mother would receive the assets of his estate, whilst the children would receive a monetary claim against the mother that
corresponded to the value of their share in the estate, which became due if certain conditions were fulfilled, e.g. death of the mother.
The above is called the Parental Division of Assets (ouderlijke boedelverdeling).

The Parental Division of Assets is null and void under the New AIL and can no longer be validly stipulated in a will as of September 1st, 2021.

The New AIL: the Legal Division (Wettelijke Verdeling)

The most notable change in the New AIL is the introduction of the Legal Division.
The Legal Division is in fact a codification of the Parental Division of Assets into law (with certain differences): the mother acquires all assets of the
deceased father’s estate by operation of law, whilst the children acquire a monetary claim against the mother corresponding to the value of their share
in the estate (plus legal interest), which becomes due when the mother dies or if she is declared bankrupt.

The mother has full power and authority and, may dispose over the assets of the estate as she sees fit (with certain limitations). The debts of the estate
are solely for her account and she is required to pay off these debts. Conversely, the children have no say over assets of the estate and are not liable for
debts of the estate.

Applicability of the Legal Division

The Legal Division is only applicable in case of spouses that have biological children together. The Legal Division is not applicable to a stepmother/
father, stepchildren or foster children.

The Legal Division is not applicable if there is a will

It is important to point out that the Legal Division is not applicable if there is a will, in which case the division takes place according to the will.
However, the father may stipulate in his will that the Legal Division is applicable, whether or not under different conditions or under certain limitations.
He may furthermore include the stepchild in the Legal Division.
The undoing of the Legal Division by the mother (ongedaanmaking)

The Legal Division may be undone by the mother within 9 months of the estate having been devolved, by means of a declaration done by notarial deed
that must be registered in the estate register (see hereinafter) within the 9 months period. The undoing has retroactive effect. The period of 9 months