Of course, you hope to stay by the side of your offspring for as long as possible. What happens to your inheritance when you die is something you would rather not dwell on. Nevertheless, it pays – especially in the case of a difficult divorce – to take that horror scenario into account. If you don’t take action, your ex may have a greater influence on your inheritance than you would have liked. We will look at some points for attention.
When one of the parents dies, the usufruct of the property of a minor child rests with the surviving parent. By law, the surviving spouse may reside in the inherited home and also collect rent, interest, and investment income. The savings of the children and the income from a holiday job, for example, do not fall under the rules on usufruct.
Ex-partner gets usufruct
If both parents are still together or share a joint property, those rules should not be a problem. In those situations, the surviving partner is in any case entitled to usufruct of the family home or certain rights that arise directly from the co-ownership. In a mutual trust divorce, it may provide peace of mind that your ex-partner is managing your child’s assets.
The picture looks different when all trust between the two ex-partners has been lost. Although you probably do not want that, your ex can still get the enjoyment of goods that are due to your child. Your ex may, strictly legally, even live in your house until the age of majority of your child, without owning it yourself. He or she may also rent out that house.
Imposing restrictions in will
To avoid such a scenario, concerned divorced parents often knock on the door of a notary. He or she can then draw up a will, in which you clearly state that the surviving parent cannot claim the legal usufruct of the child’s inheritance. The minor then receives certain shares, rental income, or interest. The notary will then also work out a personal solution for its management.
In the event of a difficult divorce, it is therefore certainly recommended to examine the possible consequences of your death. You may avoid a lot of trouble for your child and prevent your ex from perhaps getting more say than you would like.
