Marriage and inheritance law - what happens to assets in the event of death?

What happens to the assets when a spouse dies? dies?

In addition to the personal loss, the question quickly arises: What happens what happens to the joint assets?  

Can I do something during my lifetime to ensure that the surviving spouse is protected in the best possible way?

Before an inheritance is made, the first step is always the property settlement (matrimonial property law). Only then is the remaining part of the assets is inherited as an estate.

Matrimonial property law: What does the surviving spouse receive?

By law, the Profit sharing. A distinction is made between:

• Own property (assets contributed or acquired free of charge)
• Achievement (acquired during the marriage)

In the absence of a special provision, the surviving spouse receives the pension:

• his own property and
• half half of the total achievement

The remaining assets form the estate.

Inheritance law: Legal claims

The surviving spouse inherits:

• ½ of the estate for descendants
• ¾ for heirs of the parental line
• everything, if no such heirs exist

How can you additionally benefit your spouse?

1. organisation under matrimonial property law (marriage contract)

Possibilities:

• greater participation in the achievement
• Change of the matrimonial property regime
• Allocation of of certain assets to own property
  
  

Particularly popular: Allocation of the entire achievement to the survivor. to the survivor.
This is possible as long as compulsory portions of non-joint children are not violated. are not violated.
Optional: remarriage clause to protect joint children.

Important: Changes to matrimonial property regimes always require a publicly notarised marriage contract.

2. inheritance law (will or inheritance contract)

The testator can:

• Heirs to the compulsory portion
• allocate the allocate the freely available quota to the spouse
• grant the grant the spouse usufruct of the children's share of the inheritance
• Division rules or determine voting rights

Will: handwritten / revocable at any time.
Inheritance contract: publicly notarised / can only be amended with the consent of all parties amendable.

With the revision of inheritance law as of 01.01.2023, it is worthwhile review of existing dispositions.

Conclusion

There are numerous ways to protect the surviving spouse under both matrimonial property law and inheritance law. However, each case is individual, especially in patchwork families.

We would be happy to develop a customised solution with you or check your existing documents.

Ralph Hort, federally certified fiduciary expert