Your will therefore exist in the eyes of the authorities and can be easily enforceable against the heirs. This has the effect of securing your will and thus avoiding the risk of loss or destruction. Wills can be registered in the Central Register of Wills and kept in a notarial office. Under these conditions, a holographic will has exactly the same validity as a notarial will.
mention the identity of the heirs (first names, names, dates of birth and any family ties must be formally indicated).To be valid, a holograph will must meet certain rules. However, certain situations require the intervention of a notary, especially when you are physically or mentally unable to draw up your will yourself. In addition, it can easily and at any time be changed. The main advantage of a holographic will is its cost: since it is written under private signature, a priori without outside help, it is completely free. This can be prepared by a notary or by you - this is called a holographic will. To pass on your patrimony according to your will, it is therefore necessary to draw up a will. This will prevent your heirs from tedious search procedures and (de) blocking of accounts! Notarial will vs holographic will If you want to transmit part of your heritage to third parties: friends, godchildren, stepchildren, associations, etc.Īpart from these purely inheritance considerations, writing a will is also the best way to list your assets.If you want to limit the inheritance of your children or a child to its reserved portion.If you want to limit the inheritance of your spouse from whom you are de facto separated.If you want to pass on all or part of your assets to your common-law partner.If you want to transmit more than the usufruct of your assets to your spouse.Given the principles of legal devolution, there are many cases in which the drafting of a will is desirable.
Without special provision, they inherit nothing at all. Common-law partners are simply not considered as heirs within the framework of legal devolution. He is therefore partially protected but less well off than the surviving married spouse. Unless otherwise provided in the will, the surviving legal cohabitant inherits only the usufruct from the deceased in the family home. The reserve of the surviving married spouse relates to the usufruct of half of the estate and must include at least the usufruct of the family home and the furniture that adorns it. Since 2018, the hereditary reserve is made up of half of the estate, regardless of the number of children. Whatever the deceased's wishes, the law provides that children cannot be totally disinherited by their parents and reserves a minimum share of the inheritance for them: this is the hereditary reserve. The hereditary reserve and the surviving spouse's reserve This is actually a "pending" ownership that will become "full ownership" on the day of the surviving spouse's death or if the surviving spouse waives the usufruct. The descendants, for their part, inherit the bare ownership of the succession, that is to say the title deeds of the property transmitted. In legal devolution, the surviving married spouse inherits the usufruct of the estate, that is to say the enjoyment of the goods and the "fruits" (rents, interest, dividends, etc.) generated by these goods. Unfortunately, these rules may not be suitable for your situation or wishes. In Belgium, legal devolution is applied in a large majority of cases, because the deceased did not anticipate things. These privilege your close relatives in a very specific order: children first, parents and siblings then, grandparents, and finally cousins, nephews and nieces and uncles and aunts. If you do not write a will, and in the absence of a marriage contract providing for provisions for cause of death, the rules of the “legal devolution” of inheritance will apply in order to transmit your patrimony to your heirs.
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Yet, it's never too early to write a will! Getting into it with full knowledge of the facts and in full possession of your means is to maximize the chances of a peaceful succession for your loved ones. The word "will" refers to a chapter in its existence that one would like to postpone as far as possible.
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Copied Your will: why and how to write it now
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