Calculating the acquired property
Matrimonial property is divided before the estate is calculated. This is indispensable for the start of the inheritance process. Calculating the acquired property results in the ‘surplus’. This is divided equally between the spouses.
Favouring the surviving spouse
When one parent dies, the children are usually entitled to a share of the estate. However, if this is not applicable, the surviving spouse can be favoured to the maximum or granted a usufruct.
CAPA – What is it and when does it intervene?
The Child and Adult Protection Authority (“CAPA”) ensures the protection of persons who are unable to take care of their needs themselves. The goal is the mildest restriction to personal freedom, which is imperative for the protection of individuals.
Death and no relatives left – who is responsible?
If the deceased person has no relatives, the municipality initially organises the funeral. However, if it turns out that the deceased person does have relatives, they will be charged with the funeral costs.
Do contracts end automatically in the event of death?
Contracts don’t just automatically end when a loved one passes away. So it is important to notify contractors and properly terminate contracts. In the event of death, there are special termination options in some cases.
Notify the bank and post office in the event of death
When a testator dies, you must report the death to all institutions and banks. The post office is also to be informed of the death. We recommend leaving a bank account open for settling the estate.
Bequeathing a non-profit organisation – donation by will
leaving a legacy, they can give an organisation the right to a part of their estate but without giving them status as heir. Testators can also leave their free quota to non-profit organisations in a will or a contract of succession. By
Right of residence – lifelong living in your own home
You can apply for a right of residence in order to secure your individual housing situation in the event of death. The right of residence is the right to inhabit a building or part of it. In contrast to the “usufruct”, the use of the right of residence is personal and not transferable.
Notarial certification – when to consult a notary
The will is drawn up by the testator without the involvement of possible heirs or legatees. This can be a sensitive matter as the will is only effective after the death of the testator. Formal requirements are therefore imposed by law to protect all parties involved.