Favourable treatment of the surviving spouse
In connection with the conclusion of prenuptial and inheritance agreements, spouses can arrange to have each other placed in a better position vis-à-vis other heirs, particularly their mutual children.
This can be accomplished by allocating the surplus under the marital property regime to the surviving spouse. In addition, the surviving spouse can be granted, in addition to one quarter of the estate, usufruct of the ownership of three quarters of the estate to which mutual children are entitled. This is intended to enable the surviving spouse to be able to maintain his or her accustomed standard of living and not to have to sell assets (in particular, any property at which the spouses are living) in order to satisfy the inheritance claims of mutual children.