Civil Code Article 1144

This English translation was last updated on 2021-01-20, but the Chinese text was amended on 2026-08-17. Later amendments may not be reflected in the translation — please refer to the Chinese text.

Each spouse has the right to inherit the property of the other, and his or her entitled portion is determined according to the following Subparagraphs:(1) Where the spouse inherits concurrently with heirs of the first order, as provided in Article 1138, his or her entitled portion is equal to the other heirs;(2) Where the spouse inherits concurrently with heirs of the second or third order as provided in Article 1138, his or her entitled portion is one-half of the inheritance;(3) Where the spouse inherits concurrently with heirs of the fourth order as provided in Article 1138, his or her entitled portion is two-thirds of the inheritance;(4) Where there is no heir of any of the four orders provided in Article 1138, his or her entitled portion is the entirety of the inheritance.
中文原文 民法第1144條
配偶有相互繼承遺產之權,其應繼分,依左列各款定之:
一、與第一千一百三十八條所定第一順序之繼承人同為繼承時,其應繼分與他繼承人平均。
二、與第一千一百三十八條所定第二順序或第三順序之繼承人同為繼承時,其應繼分為遺產二分之一。
三、與第一千一百三十八條所定第四順序之繼承人同為繼承時,其應繼分為遺產三分之二。
四、無第一千一百三十八條所定第一順序至第四順序之繼承人時,其應繼分為遺產全部。

English translation for reference only; the Chinese text prevails. Not legal advice.