Wedding Day, some are already thinking about the succession

“Until death separates us”. This sentence is often associated with newlyweds and some do something concrete. “We do not have specific figures on the succession and marriage contracts, but we observe a greater number of editors of Testaments”, illustrates Jean-Joseph Wagner, notary of the Chamber of Notaries. He says he has two to three wills per week, against one to two “in the past 20 years”. The number of marriage contracts increases, and the number of divorces remains high despite a drop in 2024. According to recent figures from the Statec, 1,197 divorces were pronounced in 2024, against 1,359 in 2023, for 2,567 marriages in 2024, against 2,539 in 2023.

Residents “ask more questions” about life after their death. Two reasons could come to explain the trend: today, couples have income from both sides, and the popularization of new forms of union, such as the PACS or blended families, oblige “the creation of a will or marriage contract, if we want to give something to the other after our death”, explains Mr. Wagner. An observation also noted by Karine Reuter, also a notary. “People have to organize themselves much more with recomposed families, more and more numerous”.

As a reminder, when a couple gets married without a marriage contract, they are under the legal community, which means that any acquisition or income after marriage becomes common. There is a preference for the separation of goods in a marriage contract, the more experienced couples prefer to ensure the comfort of the survivor by opting for the universal community, where everything comes back to the last living. “We observe a change of society at this level, there are people who ask me at the time of marriage how the succession will happen,” says Mr. Wagner.

Inheritance tax could also be taken into account in this wish for protection. Their cost varies according to the relationship between the deceased and the heir. Successions are exempt (on the legal part) for children, the husband and between partners linked by a partnership declaration registered for at least three years. The succession tax can however climb up to 48% in third parties. Note that depending on the amount of the goods transmitted, the rights can be considerably increased.