Succession: Testament or donation between spouses, what solution is the most solid?

In the “big savings meeting” (capital / radio heritage), Thomas Prud’homoz, associate notary at KL-Consign, responds to Nancy, who wonders about the best way to protect his spouse in the event of death.

Capital video: succession: will or donation between spouses, what solution is the most solid?

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Each month, the “big savings meeting” (capital / radio heritage) answers your questions in the “your questions, our answers” sequence. Our experts – notaries, taxpiens, heritage advisers – support you on all your financial issues. Today, Nancy wants to know if the holographs that she and her husband have written are enough to protect the surviving spouse or if it is also necessary to consider a donation between spouses.

First point to have in mind: the donation between spouses and the will have the same purpose. They are both acts “because of death”, that is to say that take effect only on the death. The difference is essentially formal: the olographic will is written by hand, individually, while the donation between spouses is a notarial act.

Donation automatically revoked in the event of divorce

In reality, according to Thomas Prud’homoz, associated notary at KL-Conseil, “The real question is not that of form, but of content. What matters is to exploit the special available quota between spouses ». In the absence of special provisions, the surviving spouse is only entitled to a quarter of the succession in full ownership if children are present. But it is possible to opt, for example, for the entire succession in usufruct.

A donation between spouses has an advantage in the event of divorce: it is automatically revoked, which can avoid oversights. Conversely, a will remains valid as long as it is not revoked. Be careful however: as part of a marriage contract, the donation may well become irrevocable.

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