Many parents want to give their partner financial peace after death and also make sure their children ultimately receive what was intended for them. If the surviving partner later starts a new relationship, these wishes can become complex. The outcome depends on the statutory division, ownership, earlier agreements and the will.
The children's position
Under the statutory division, children receive a monetary claim against the surviving partner after the first death. That claim remains relevant even if the partner later remarries or cohabits. Whether it is payable and whether interest applies must be assessed under the law and the will.
A new partner does not automatically become heir of the parent who already died. But a later marriage or choices about joint assets can affect what is present at the second death and how complex the settlement becomes.
What can you discuss in advance?
A notary can discuss interest on children's claims, moments when a claim becomes payable, usufruct, exclusion clauses and other suitable provisions. Not every construction fits every family. A rule that gives children certainty must also remain workable for the surviving partner.
First map out the home, assets, existing wills and family situation. The Inheritance Guide helps organise interests and questions before choices are legally recorded.