January 1, 2023
Will the inheritance law that is (still) in force today or the new revised law that will apply from 1.1.2023 be applicable? It depends on the date of death.
When a disposition upon death was drafted or when a gift was made is irrelevant.
Death-day principle
If the testator dies before January 1, 2023, the previous law applies.
If he dies after December 31, 2022, and makes a will after this date, the new revised law shall apply.
What will be the rule if you die after December 31, 2022, but draft your last will and testament today?
Statutory share, clear wording
The new statutory shares are known. You have more options. What is your position on this? Do you intend to retain the compulsory portion of the current law? Or should an heir who is protected by a forced heirship receive a minimum?
Make sure that the wording is unambiguous. In the case of an explicit choice of law, specify whether the statutory shares shall remain unchanged (so-called fixed wording) or whether they shall govern according to the law in force at the time of deceased’s death (so-called dynamic wording).
The parents will no longer be entitled to a compulsory portion as of 1/1/2023. How do you want to deal with this?
Potential divorce
What should apply in future divorces? Should the financially weaker party still be covered? If yes, provide for deviating arrangements in the marriage and inheritance contract. If not, draw up a testamentary disposition (e.g. a will) in advance to exclude the surviving spouse from the estate.
Contract of inheritance
Do you wish to make lifetime donations (such as gifts) and testamentary dispositions in the future despite having concluded an inheritance contract? Then provide for explicit reservations!
To note
Consider the revision points in your planning right now!
Do you value a peaceful transfer of assets? Then contact me!