Effect of a contested marriage on succession and property settlement

From a legal perspective, as a son, you could attempt to challenge the marriage because if the marriage did not exist or were invalid, you would feature as the sole heir in the inheritance proceedings. According to Section 473 of the Civil Code, children and the spouse inherit in the first inheritance group, and if the marriage were not valid, the wife would have no legal claim.

However, in practice, this option has several limitations. In the case of a third party—such as one of the children—challenging the marriage, the law does not directly allow them to file a motion for the invalidity of the marriage. According to Section 14 of the Family Act, the motion can only be filed by the spouse themselves, within one year of discovering the reason for invalidity. As a son, you unfortunately do not have this authority.

Nevertheless, an exceptional situation exists under Section 17 of the Family Act—if the marriage never came into existence at all (e.g., if the declaration was coerced by violence, concluded before an unauthorized body, a fake clergyman, or if a valid power of attorney was missing during representation ). In these cases, it is a matter of the non-existence of the marriage, not its invalidity. It is precisely here that a descendant may have a legal interest and thus the active standing to act—that is, to file a motion for the determination of the non-existence of the marriage.

Conclusion: Challenging the marriage only makes sense if there are objective reasons why the marriage did not come into existence according to the law (Section 17 of the Family Act). Otherwise, you do not have this option as a son.

If the marriage is considered valid, a so-called community property of spouses (BSM) is created between the spouses. This means that all property acquired during the marriage (with exceptions such as inheritance, gifts, or items of personal need) automatically becomes the joint property of both spouses.

Upon the death of one spouse, the community property (BSM) is settled first—meaning it is divided, usually in half, although judicial practice sometimes allows for an unequal division. Subsequently, only that half of the BSM property belonging to the deceased enters the inheritance, plus all of their exclusive property acquired before the marriage.

In your case, this means that your father’s wife has no claim to the property your father acquired before the wedding—that entire portion goes into the inheritance. On the other hand, she is entitled to half of everything they jointly acquired during the marriage, even if the marriage lasted only a few days.

Therefore, it is important to distinguish between property that belongs exclusively to the deceased and property that falls under the BSM. Only after this division is it decided exactly what will be inherited.

The law distinguishes between the invalidity of marriage (Section 14 of the Family Act) and the non-existence of marriage (Section 17 of the Family Act).

If the wedding was concluded under duress, there is a possibility that the marriage never came into existence at all, which means it is viewed as if it never existed. In such a case, as a son, you could have the active standing to file a motion with the court if you prove that the decision affects you—for example, as a direct heir whose inheritance rights are impacted by this marriage.

On the other hand, if it is a matter of the invalidity of marriage, the motion can be filed exclusively by one of the spouses, and you, as a third party, do not have such authority.

Based on the information provided, your case appears to be a potential candidate for an assessment of the non-existence of marriage—specifically according to points c) or d) of Section 17 of the Family Act (e.g., if the wedding was officiated by someone unauthorized or performed before a church that is not registered).

Conclusion: If you have evidence that the wedding took place in violation of the law or was never validly concluded, you have a theoretical possibility to file a motion for the determination of the non-existence of the marriage, and thereby you could influence the inheritance proceedings. However, the burden of proof lies with you, and the situation is further complicated by the fact that your father is no longer alive and cannot confirm your claims.

The chances that a court will recognize the marriage as invalid are low, because the motion can only be filed by one of the spouses, and in this case, the deceased father can no longer file such a motion. As a son, you do not have this option.

In determining the non-existence of a marriage, the chances are theoretically higher, but they depend on specific evidence. You would have to prove that the wedding took place in violation of Section 17 of the Family Act (e.g., violence, a wedding before an unauthorized person, an unregistered church, etc.).

The greatest risk lies in the burden of proof – the court will require specific evidence and testimonies. Given that the father is no longer alive, obtaining evidence is more complicated. Furthermore, if the marriage were considered valid, his wife is entitled to a share of the community property (BSM) and also as an heir by law.

Conclusion: Real chances are highly dependent on evidence. Without it, the chances are low and the risk of failure is high. However, if you have evidence that the marriage truly did not come into existence according to the law, the court may take it into account. It is therefore recommended to seek a lawyer and assess all evidence before filing a motion.