Commentaries: Art. 472

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.
In such a case, the statutory entitlements apply as if the testator had never married.
Paragraphs 1 and 2 applymutatis mutandis to proceedings to dissolve a registered partnership.