Questions about Inheritance Law and Community of Property?

Questioner

Ir/Madam, I have a question about the community of property and inheritance law. My parents got married without a prenuptial agreement. They had three children. My father died in 1992 and my mother is the only survivor. My father has provided in a will that his children (each for 3/16th) and his wife (7/16th) are heirs. The wife's estate forms half of the dissolved community of property. It is written in the 1992 declaration of inheritance: 'In addition, the testator in the aforementioned will, making use of the authority granted to him in article 4:1167 BW, allocated to his wife all goods and securities belonging to his estate, while granting his children an interest-bearing claim on his wife equal to their share of the inheritance'. It also states that my mother, my wife, has been given power of attorney to represent the children in the settlement of the estate and the general community of property and is 'authorized and entitled to claim, receive and grant discharge for all goods and valuables belonging to the testator's estate, constituting the aforementioned half of the dissolved general community of property'. I don't quite understand what this means. My parents bought a house together in France during their marriage. I would like to know whether the children can claim their share of the inheritance or whether they have to wait until their mother has passed away. Are the children co-owners of the house in France for their inheritance with their mother? Or is the mother the sole owner as long as she is alive? Thank you in advance.

Lawyer

Mother is the sole owner of the house in France, because it was assigned to her in the parental estate division. The claim of the children to the size of their inheritance will most likely only be due upon the death of your mother. This will certainly be stipulated in the will. After the death of mother - if mother has not made a different will - the house in France will be inherited by the three children.