More about…
Family Practice
The notary functions as a lynchpin in certain situations that may affect you and your family. Consider, for example, drafting a cohabitation contract or preparing a will.
On this page you can read more about what the notary regarding family practice can do for you.
Family Practice
Never encounter surprises when it comes to a marriage, inheritance or cohabitation agreement. Directly to family practice.
Real estate
The purchase and sale of registered property goes through the notary. In addition, the notary establishes the mortgage right. Leasehold issues also go through the notary. Directly to Real Estate.
Corporate Practice
Are you about to establish a corporation, foundation or association? This is done through the so-called “Notarial Deed. Feel free to ask about the possibilities. Directly to Corporate Practice.
Other services
All kinds of different agencies may ask for the legalization of your signature. Feel free to stop by the office for more information. Directly to Other Services.
Auctions
Properties whose debtor fails to pay interest and/or principal are auctioned through the notary. Directly to Auctions.
Cohabitation Agreements
When you live together without marrying, the law has nothing arranged for you, all your assets and debts belong to each separately. In a cohabitation agreement, you can arrange which things belong to you together and what happens to your home and your pension, for example, if you separate.
A cohabitation agreement is legally valid only if it is drawn up by a notary public. Broadly speaking, you get to decide what will be in the cohabitation agreement. For example, that you both contribute half of the household expenses or that you contribute in proportion to income. In addition, you can make arrangements for joint contents in a cohabitation agreement. If you do not, your deceased partner’s heirs (in the absence of a will) are entitled to his/her belongings.
A cohabitation agreement cannot specify who your inheritance goes to; that must be included in a will.
Nuptial Agreements
Are you married? Or are you planning to get married? Then the law automatically regulates that all possessions and debts belong to you together, each for half. Don’t you want to? Then you can arrange in the prenuptial agreement which debts and assets remain separate.
Marital agreements should always be drawn up by the notary and preferably before the marriage is consummated. So keep this in mind when planning the time for your wedding. You can also draw up prenuptial agreements after the marriage, however there are a number of conditions associated with this that we can best explain in a personal interview.
It can be agreed in the prenuptial agreement that nothing belongs to you together and no income will be offset. This is called the “cold exclusion. There are also intermediate forms, where some assets and debts are joint and others are not, for example, a home that is joint but the savings accounts are not.
Certain things cannot be settled in the prenuptial agreement. Marital agreements regulate possessions and debts, i.e., money and property; any other agreements regarding children, for example, cannot be included.
Wills
As a starting point, the law governs who are the heirs of a deceased person. Anyone 16 and older can depart from these legal rules by making a will. A will is legally valid if it is drawn up by and signed at a notary public.
A will allows you to determine what should happen to your estate and who you want to name as heirs. In addition to naming heirs, you can arrange other matters in a will that are not governed by law. Consider appointing guardianship over your minor children, excluding in-laws or partners of your children, and appointing a trustee or executor.
Settlement of estates
Through a will or by law, you can be designated as an heir. What to do.
In principle, you have three options as an heir:
- You accept the estate purely, you accept the inheritance and also ensure payment of all debts of the estate, even if there are more debts than income.
- You accept the estate under the privilege of estate planning. Also called benefit acceptance, you accept the estate and will pay all debts from the estate. If the estate (after deducting all expenses) turns out to be negative, you cannot be held liable for this in private. When one heir accepts the estate as a beneficiary, the entire estate must be settled as a beneficiary.
- You want nothing to do with the estate and reject it. Please note that this may have consequences for your own children, if any, as they will be substituting for you as heirs.
As long as you do not yet know what you want with the inheritance or you have doubts about whether the inheritance will have a positive balance, do nothing except what cannot tolerate delay. For example, you may perform maintenance on the property, but do not yet start distributing any rental income to the heirs.
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Certificate of Inheritance
When a loved one or family member dies, a lot of work needs to be done. Among other things, banking matters must be taken care of. The bank or other institutions involved will probably ask for a certificate of inheritance, which should be prepared by a notary public.
In the certificate of inheritance, a number of things are noted. These include whether a will was made, who the heirs are and how they accepted the estate. In addition, it may include who is entitled to settle the estate.
Living wills
Who handles your affairs when you are unable to do so yourself or when you are no longer able to control your own will? Unpleasant situations can arise when, due to an accident, a brain hemorrhage or dementia, for example, you can no longer make your own decisions. Just then, it is desirable that someone you trust can continue to manage your affairs and represent your best interests. This can be done by drafting what is known as a living will.
In the living will, you designate one or more people to act on your behalf when you are no longer able to do so. You can specify in the living will when the living will will take effect, for example, after a written statement from a medical professional.
Other arrangements may be included in the living will, such as a declaration of euthanasia.
