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Luxembourg Notary Exam: Family law, matrimonial regimes and succession

Luxembourg Notary Exam · Work through your exam, one topic at a time.

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Family law, matrimonial regimes and succession

Family law, matrimonial regimes and succession

This domain tests the marriage contract, the default matrimonial regime and its liquidation, then succession: reserve, will forms and intestate devolution. The notary is involved at every stage, so the exam links substantive rules to formalities.

Matrimonial regimes

  • The legal regime is the communauté de biens, a community of acquisitions: property acquired during marriage is common, while pre-marital assets and inheritances remain propres.
  • Couples may choose séparation de biens, participation aux acquêts or communauté universelle by notarial contract before marriage.
  • A change during marriage requires a notarial deed and the statutory formalities, including court homologation where required.

Succession

  • Children and descendants are reserved heirs. The reserve is half the estate with one child, two-thirds with two, three-quarters with three or more; the rest is the quotité disponible.
  • Wills may be authentique (before a notary and witnesses), olographe (wholly handwritten, dated, signed) or mystique.
  • Intestate succession follows the Civil Code order of heirs, with the surviving spouse's statutory rights.

Worked example

A widower with two children leaves his entire estate to his new wife by will. The estate is €600,000. With two children the reserve is two-thirds, i.e. €400,000, so the quotité disponible is €200,000. The will is valid only up to €200,000; each child may claim reduction to recover €200,000.

Traps

Do not treat community property as succession property: liquidation comes first. Do not forget that a marriage contract needs the notarial form, and that a handwritten will must be entirely handwritten and dated.