Notary Office Den Beer Poortugael
Family & relationship
Make your choice
Will
Those who do not want to make a will leave to the law what happens to their estate. If you want to deviate from the standard law of succession, you need a will.
A will is a document that can only be drawn up by a notary. In the will you specify who your heirs are, who will receive something in addition to your heirs ( a legatee), who may handle your estate, who will be your guardian or custodian. What is regulated in your will depends on your situation and wishes.
We will be pleased to advise you on the possibilities and the recording of various provisions and regulations. The notary will advise you on the consequences and translate your wishes into legal provisions.
Changing a will is possible at any time by making a new will. However, any alteration or withdrawal must again be arranged through a notary.
For more information or any questions, please contact us (by telephone).
Would you like more information or do you have any questions? Please call us or send us an e-mail.
General power of attorney
A life testament is in essence a (general) notarial power of attorney. The deed is intended to allow someone to act on your behalf in the event that you are no longer able to manage your affairs yourself. Think for example of arranging your banking affairs, selling your house or making medical decisions.
Trust in the person you want to give the power of attorney is of crucial importance when drawing up a living testament. The deed establishes a unilateral expression of will (just like in a will). The person(s) receiving the power of attorney does not need to be present when the deed is signed. You must be (still) legally capable.
In principle, you can give the power of attorney to anyone. There are several possible variants to the power of attorney: one or more persons, a joint power of attorney or a power of attorney next to each other, you can also think of a staggered power of attorney whereby you give someone the power of attorney in the first instance, in the second instance or in the third instance.
For more information or any questions, please contact us (by telephone).
Cohabitation contact
A cohabitation agreement / cohabitation contract is generally drawn up for a number of reasons:
- to be entitled to a partner's pension
- accelerating the entry into the spouses' inheritance tax/succession rate
- to record private money in a joint home
- recording of special items that are to be considered private property
- the inclusion of a residence clause with probate effect.
- preventing inheritance tax having to be paid on the life insurance payment.
N.B. In a cohabitation contract it is recorded how you want to live together, not how you want to separate.
The cohabitation contract is, as the name suggests, a contract. This contract will be signed by both of you.
For more information or any questions, please contact us (by telephone).
Prenuptial agreement / partnership conditions
If you have not had any conditions drawn up at the notary before your marriage or registered partnership, you get married or enter into a registered partnership in limited community of property. All your personal possessions and debts which you have before your marriage or registered partnership remain in that case yours alone. Any assets and debts you acquire after the marriage or registered partnership are jointly owned.
If you wish to marry or enter into a registered partnership in a different way you will have to draw up a prenuptial or partnership agreement. The possibilities are numerous. You can, within the rules of the law, arrange it as you wish.
In the prenuptial or partnership agreement, the distribution of your assets is arranged between the two of you. There are many possible variations. The extremes are 'cold exclusion' and 'total community of property', in the first case nothing is automatically communal, in the second case everything is automatically communal, including all possessions from the past. The latter can be useful when one of you owns a house. Of course, there are all kinds of intermediate variants possible.
In a prenuptial agreement you can also deviate from the legal regulations concerning the right to a partner's pension.
It is possible to change the prenuptial or partnership agreement during the marriage or registered partnership. For this, you need a notarial deed.
For more information or any questions, please contact us (by telephone).
Declaration of inheritance
A certificate of inheritance is a declaration in which the notary declares who the heirs are, who is entitled to which part of the estate and who is entitled to handle the estate. The certificate of inheritance is drawn up at your request. Because the notary is responsible for the content of this certificate, official research is carried out into the family and personal details of the testator and the Central Register of Testaments is consulted for the presence of a will. The last will and testament is determining for the settlement.
If there are many heirs, or if heirs are difficult to find, the investigation will take some time before the notary can issue the certificate of inheritance. If one of the heirs is incapacitated, the process will take at least a few months, due to the mandatory benefit of acceptance.
A request for the drawing up of a certificate of inheritance can only be made by someone who is entitled to the estate.
Once the Certificate of Succession has been drawn up, it is possible, if desired, to enter it in the Land Registry. This ensures that the ownership of the property is transferred to the name of the person(s) entitled to the inheritance.
For more information or any questions, please contact us (by telephone).