Matrimonial property regime and inheritance

Which assets actually form part of the estate?​‌

This is one of the most important questions in inheritance planning.

Many people assume that all family assets automatically become part of the estate.

That is not the case.

Once the matrimonial property regime has been settled:

• assets belonging to the surviving spouse remain outside the estate;

• only assets belonging to the deceased enter the estate.
  
  

This distinction can significantly affect:

• the protection of the surviving spouse;

• the shares received by children;

• the future of the family home;

• the transfer of a family business;

• the liquidity available to the family.

How can a matrimonial property regime help protect a surviving spouse?​‌

One of the most common goals in estate planning is ensuring that a surviving spouse remains financially secure.

Many people focus entirely on the will. In reality, the matrimonial property regime often plays an equally important role.

The role of a marital agreement

Where the default legal rules do not reflect the couple's objectives, a marital agreement may allow certain aspects of the matrimonial property regime to be adjusted.

This is particularly relevant when:

• a significant proportion of the assets consists of property;
• one spouse holds significantly greater wealth;
• children from previous relationships are involved;
• a family business forms part of the estate.

In many situations, a marital agreement becomes one of the first tools available to strengthen the protection of the surviving spouse.

However, these arrangements remain subject to legal limits, particularly where non-common children and their compulsory inheritance rights are concerned.

Marital agreement or will: what is the difference?​‌

The two instruments operate at different stages.

The matrimonial property regime determines which assets belong to the surviving spouse before the estate is opened.

The will determines how the estate itself will be distributed.

As a result, a marital agreement may sometimes provide stronger protection than changes made through a will alone.

Why is the matrimonial property regime particularly important in blended families?​‌

Blended families often face two parallel concerns:

• protecting the surviving spouse;

• preserving the rights of children from different relationships.

In these situations, the matrimonial property regime becomes a particularly valuable planning tool.

It may improve the surviving spouse's position before inheritance rules are even applied, helping to reduce potential tensions between different branches of the family.​‌

When should you review your matrimonial property arrangements?​‌

Just like a will, the matrimonial property regime should be reviewed when major life changes occur.

Examples include:

• marriage or remarriage;

• the birth or adoption of a child;

• receiving a significant inheritance or donation;

• acquiring or selling property;

• creating, acquiring or selling a business;

• substantial changes in family wealth;

• approaching retirement.

The arrangements that were appropriate at age 35 may not be suitable at age 65.