Execution of the will to protect the surviving spouse/partner

• Inheritance Law
• Private Clients
• SME

In many cases today, the execution of a will is not ordered primarily because of the complexity of the estate (inheritance), but to protect the surviving spouse or partner. As a result of prolonged life, there is a high probability that the survivor will be in a state of health requiring support at the time of the first deceased’s death. In order to avoid being at the mercy of abusive heirs, the survivor must be effectively protected by the testamentary disposition of an executor’s will.

Protection of the surviving spouse/partner

The consequences of prolonged life are insidious and become apparent gradually, the longer the longer. Spouses and partners must assume that when the first of them to die dies, the survivor will be in a state of health in which he or she can no longer protect himself or herself against vigorous descendants. In other words, there is a risk that the survivor will be at the mercy of the descendants (or co-heirs).

Protection through testamentary disposition of the will

Until about 25 years ago, the execution of a will was primarily ordered in a will if the future estate (inheritance) was of a certain complexity. In today’s counselling practice, the execution of wills is ordered in numerous cases in which the protection of the survivor against the other heirs is paramount. This is because the partners do not know in advance what state of health the survivor will be in when he or she inherits.

Relief for the surviving partner/spouse

In the event of death, the executor is the contact person for all heirs in all matters relating to the marital assets (in the case of married partners) and in particular the estate assets (inheritance). He or she manages the assets and the surviving partner/spouse can refer all co-heirs to the executor. In this way, the survivor is taken out of the firing line and can rely on the executor to undertake and arrange everything in accordance with the wishes of the deceased and their partner. In particular, the executor of the will must ensure that the survivor has the necessary liquidity for living expenses.

The same considerations may also be important for other heirs in order to avoid disadvantages caused by dominant heirs.

Professional, independent execution of wills

The execution of a will in a will requires an appropriately worded clause to protect the surviving partner. Sometimes this clause can be very comprehensive so that the execution of the will can fulfil its intended function

We would be happy to provide you with advice. We protect partnerships and families – for generations.