Last Will and Testament
The law stipulates what happens to your estate, unless you make a will.
In a will, you can regulate many matters relating to your estate.
You can, for intense, determine who your heirs are, who gets certain assets from you, and who settles your estate.
There are many other things that can be arranged in a will. You may already know exactly what you would like to take care of, or you may need some additional information before deciding. Based on your wishes the notary will then prepare your last will.
To make an appointment or for further information about a will, please contact our office.
A living will is actually a power of attorney in which you determine who may take decisions on your behalf when you yourself are no longer able to do so, for example because of your state of health.
These decisions may relate to financial matters, but also to medical matters.
It is therefore very important that you choose one or more persons whom you fully trust.
We shall gladly provide you with more information regarding living wills.
To make an appointment or for further information about a living will, please contact our office.
Community of Assets by Law
When a couple gets married the law prescribes the (financial) consequences of marriage. Unless the couple signs a pre-nuptial agreement prior to marriage, they will automatically be married in the system of “community of assets” from the date of the wedding on.
Assets: Our Civil Code stipulates that pertaining to assets the community shall include *all present and future assets of the spouses, with the exception of those goods that the spouses may have obtained during the marriage by succession, will, bequest of donation.
Marriage Contracts, aslo known as pre-nuptial agreements respectively post-nuptial agreements
A marital contract can be made before the wedding as well as during the marriage. The difference between these two possibilities is, that once spouses are married without a marital contract, they are automatically married in community of assets, therefore when they wish to make a marital contract during their marriage, they will have to divide the community of assets that exist at that moment as well with all financial consequences thereof.
Marital contracts contain the agreements that spouses themselves want to apply to their assets within the possibilities of the law.
Pre-nuptial agreements not only have effect between the spouses themselves, but also towards other persons and institutions. For example, pre-nuptial agreements can offer protection against claims from creditors when one of the spouses has a business or a large student loan.
In case of divorce, pre-nuptial agreements can result in spouses not having a claim on each other’s assets, which can be important for the continuation and survival of the business one of the spouses may have.
Another very important reason to consider a pre-nuptial agreement pertains to the wishes each spouse may have regarding their succession upon their death. Especially, in the event of blended families, the pre-nuptial agreement is considered a very important tool to achieve optimal succession planning
Therefore, if the future spouses do not want to create a community of property by marrying each other, the pre-nuptial agreement must be entered into before the marriage.
It is also possible for married couples to enter into a marital contract – then call a post-nuptial agreement – or to change an existing marital contract during the marriage.
To make an appointment or for more information about pre- or post-nuptial agreements please contact our office.
When you and your life-partner take that step of moving in together, it is important to reflect on, amongst others, the financial consequences.
Especially, if you decide to buy a house together, you are advised to make proper arrangements to safeguard (each other) against situations like death, bankruptcy or separation.
With a co-habitation agreement you make arrangements about the common cost of household, pension rights, and sickness insurances, if applicable.
To make an appointment or for more information about a cohabitation agreement, please contact our office.
Declaration of Inheritance
A certificate of inheritance is a declaration by the notary which states who is entitled to the estate and who is allowed to dispose of the estate, such as paying bills. Many institutions, such as banks, insurance companies and pension funds request a certificate of inheritance after death.
The certificate of inheritance can also be used to register a house at the Land Registry in the name of the entitled parties. The certificate of inheritance is issued b the notary at the request of the heirs after the notary has examined the inheritance.
Please contact our office for the drawing up of a certificate of inheritance or further information.
Declaration of Execution
A certificate of executorship is a statement from the notary public stating who the deceased appointed as executor and what powers that executor has.
An executor is appointed in a will and has, for example, the task of paying the deceased’s current bills and arranging the funeral. In the will, the executor can be granted less but also more extensive powers.
An executor needs the certificate of executorship because it shows that he is an executor and what powers he has. The certificate of executorship shall be issued by the notary upon request of the executor.
For the preparation of a declaration of executorship or further information please contact our office.
Settlement of an Estate
More information to follow.