What tools can help protect your spouse?

Solution No. 2 – Will

A will makes it possible to use the disposable portion of the estate in order to provide greater protection for the surviving spouse.

Since the reform that came into force on 1 January 2023, the reduction of the descendants' statutory entitlements has increased testamentary freedom.

In this case, that additional flexibility can be used to further strengthen the wife's protection.

A will therefore complements a marriage contract in a natural and effective way.

Solution No. 3 –  Usufruct over the children’s share

When the primary objective is to maintain the surviving spouse’s standard of living, granting a usufruct over all or part of the assets passing to the children can be a particularly effective solution.

This allows the wife to continue receiving the income generated by the relevant assets while leaving bare ownership to the children.

This approach is frequently used when the family’s wealth includes income-generating real estate or substantial investment portfolios.

Solution No. 4 – Inheritance agreement

In this study case, both children are adults. They share the desire to protect their mother while also preserving strict long-term economic fairness between them.

These circumstances make an inheritance agreement particularly attractive.

It can notably:

• formally document family agreements;

• provide legal certainty for specific waivers or adjustments;

• reduce the risk of future disputes;

• bring greater stability to the overall succession strategy.

An inheritance agreement is often an excellent complement to a will when all family members are pursuing a common objective.

Solution No. 5 – Community property regime

A community property regime is sometimes considered as a way of providing even greater protection for the surviving spouse.

However, it fundamentally changes the couple’s wealth structure.

Depending on the provisions adopted, certain assets that would otherwise be classified as separate property may become part of the community estate, which can have significant implications from both a matrimonial property and succession planning perspective.

This solution can offer a very high level of protection for the surviving spouse, but at the cost of reduced flexibility and a more complex legal analysis.

It should therefore be approached with caution and reviewed by a notary.