The case
The new inheritance law will apply as from January 1, 2023. The main change is the reduction of the compulsory portion (forced share) of the children from ¾ of the legal portion to ½.
Last wills and inheritance contracts will remain valid, but some wordings which were often used in the past may lead to interpretation problems in the future.
“I put my daughter on the compulsory portion of 3/8 of the estate and the disposable quote of 1/8 goes to my husband”.
A last will with this wording remains unclear whether and how the new law shall apply. Should the daughter get 3/8 or only the (new) compulsory portion of 1/4? Does a disposable quote of 1/8 or of 2/8 go (additionally) to the husband? To make the intention clear, the testator should make a new version of his last will (handwritten or as notarial deed) and destroy the old one.
How can I avoid such interpretation problems at all? By a neutral wording: “I put my son on the compulsory portion and the disposable quote goes to my wife”.
Such a wording remains valid and unambiguous after any reform of the inheritance law. The spouse’s most favoured status remains preserved, as the last will is always interpreted by the law which is applicable at the time of death of the deceased.
Source: Prof. Dr. Hans Rainer Künzle, Rechtsanwalt, Of Counsel, KENDRIS
The commentary
Consult a professional to determine whether your will or inheritance contract needs to be adjusted. You may need to reword your instructions so that your last will will still apply in the future.
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