Q&A Corner – What is a donation au dernier vivant and do you also need to have a will?

Q: What is a donation au dernier vivant and do you also need to have a will? 

A: A donation au dernier vivant (donation to the surviving spouse) is not a will, but it does enhance the surviving spouse’s inheritance rights. 

It is a contractual arrangement, made before a notary, offering the surviving spouse various options: usufruct of the entire estate, one-quarter ownership or full ownership of the available portion. 

Despite providing protection, a will can still be necessary to allocate specific assets, manage inheritance tax and include special provisions like appointing executors. 

If there aren’t any children from a previous union, a will may not be essential, but it remains advisable for clarity, asset allocation or managing international issues.