Will my son-in-law also inherit if my spouse and I die?

We have a likable son-in-law. However, our daughter was married before. After her divorce, we wondered what would have happened to our inheritance if one of us had passed away before the divorce. We didn't think about it further then, but now that we have a new son-in-law, as much as we like him, this question came up again.

This is what the law says

Under the law, the direct children are heirs, not the ‘stepchildren.’ Stepchildren therefore do not inherit directly. However, a divorce can result in the stepchild having a right to a portion of your inheritance. If your child is married under a full community property regime, then the child's ex-spouse has a right to half of the inheritance in case of divorce. An ex-spouse may also have a right to a portion of the inheritance (or its value) based on antenuptial agreements.

In 2018, the marital property law was amended. As a result, for marriages entered into on or after January 1, 2018, without prenuptial agreements, an absolute community of property no longer automatically applies, but rather a limited community of property. In such cases, inheritances and gifts are in principle excluded from the community, unless an inclusion clause is included in a will or in the gift.

Every situation can be different. We would be happy to advise you and help you draw up or amend a will.

Arranging inheritance with will

You can prevent your son-in-law from indirectly benefiting from your inheritance by drafting a will. A will can include what's known as an exclusion clause. This clause ensures that your inheritance exclusively benefits your own child, keeping the inheritance private for your child. This is particularly important in cases such as the bankruptcy of your child's spouse or in the event of a divorce. The inheritance then does not have to be shared with your child's (ex-)spouse. The exclusion clause also applies to a child who has entered into a registered partnership with the municipality. By having a will drawn up yourself, you maintain control over this distribution and prevent ambiguity or conflicts among your heirs. Anyone aged 16 or older can have a will drawn up.

Have your will assessed

It's quite possible that your personal situation has changed over the years, meaning your current will no longer fully aligns with your personal wishes. Therefore, we recommend having your will reviewed by a notary at least once every five years.

It is especially wise to have your will reviewed again during major life changes. Think, for example, of the birth of a child (or grandchild), buying a house, marriage, or divorce. By having your will checked regularly, you prevent it from becoming outdated and no longer matching your current situation.

Even if your will was not drawn up by Marks Wachters notaries, you can have it reviewed by our specialists. We are happy to review your will with you to ensure it is still up-to-date and aligns with your wishes and circumstances.

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