Remarriage and Blended Families I Le Conseil du Notaire

What Is a Spousal Gift?

A spousal gift is a deed signed before a notary, through which one grants inheritance rights to the surviving spouse, should they outlive the other.

By default, the law provides the surviving spouse with inheritance rights, known as statutory rights. These apply unless other wishes are expressed. Whether such rights are suitable or not, one may wish to extend, adapt, or reduce them. That is the very purpose of a spousal gift: it is the deed that allows you to define precisely the rights you wish your spouse to have—perhaps more generous than the statutory rights, perhaps somewhat less. In any case, these are personal choices, set out in writing in the deed known as a spousal gift.

What Are the Advantages of a Spousal Gift?

Its greatest advantage is that it puts you in control: you decide, rather than relying on the law’s default provisions, which may not always fit your situation.

A spousal gift therefore prompts you to ask whether the statutory rights meet your needs, or whether you would prefer to adapt them to specific circumstances. This is its key strength: it offers something closer to a tailor-made solution.

In addition, a spousal gift often increases the rights of the surviving spouse compared to what the law provides by default. That too is a major benefit.

Can a Spousal Gift Be Revoked?

Yes, a spousal gift may be revoked at any time.

The law expressly provides for this. Any gift or will in favour of a spouse may be freely revoked during the marriage, without the need to give a reason or even to inform the spouse concerned. This principle—known as free revocability—applies specifically to spousal gifts.

That said, these matters are technical and must always be considered in light of each individual’s situation. The best advice is to consult your notary and discuss your options directly with them.