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Several inheritance law complications can arise when property is divided during an ongoing marriage between the surviving spouse and the new spouse. Such a division of property can affect the right of inheritance if the surviving spouse owns property with free disposal rights through inheritance from the first deceased spouse in the previous marriage, where the deceased spouse has descendants. The remuneration rule in ÄB 3:3 can be used by the spouse's breast heirs. This could mean an application of ÄB 7:4 on the enhanced legal lot protection. It becomes all the more complicated when these two rules are applicable at the same time to a property division during an ongoing marriage, not least because of unclear value assessments.ay then become applicable, unless withdrawals for the heirs' inheritance claims have been made before the division of property according to ÄB 3:6 par. 2. Such a division of property can also be considered as part of a series of legal acts to circumvent the legal lot protection for the survivin g spouse's breast heirs. This could mean an application of ÄB 7:4 on the enhanced legal lot protection. It becomes all the more complicated when these two rules are applicable at the same time to a property division during an ongoing marriage, not least because of unclear value assessments.

I believe that the interplay between ÄB 3:3 and 7:4 can be integrated through my proportionality method. If, in the application of ÄB 7:4, one calculates proportionately what has been taken from the gift to cover the compensation claim, the proportion of the gift that can also be used for restitution according to ÄB 7:4 is always reduced according to the consideration rule in ÄB 3:3. You can get fairly balanced results if you supplement that method by deducting from the value of the gift, in the application of ÄB 7:4, what has possibly been given in consideration in the application of ÄB 3:3. 

The current regulation does indeed give spouses great freedom to make a division of property, but it may be attacked later by possible heirs. It may lead to a weakening of marriage as a phenomenon, if property division as a tool for equalizing the spouses' assets is not completely black or white in terms of whether the property divisions are also fixed after the death of the first spouse. Instead, creating uncertainty about whether property divisions several years from now will still be considered valid cannot therefore be the right way to go. In such cases, there is strong inheritance law protection at the expense of spouses' internal division of matrimonial property and individual property.