I find it very good to read that you think about it.It may not be fun to deal with this or to think of a scenario where you have to leave your children, but no one has eternal life.
And imagine it is happening at an unfortunate moment.Let’s say you have experienced a stupid family quarrel or there have been problems and irritations for a long time. Then realise what this situation would do with your children at that time. They will think and maybe even doubt. Maybe they even think such a thing like: I had but……… Said or….. Done.
I would like to recommend you from the ground of my heart to make a testament and not so much to leave a financial, but an emotionally important message.Prevent your children from doubting a quarter-percent or having a weird thought.
Formatting a testament is not cheap.It will cost several hundred dollars.
For many people, that’s a lot of money though they are happy to spend on holidays or other materialistic purposes.I think otherwise after what I have experienced myself. Should I ever have children, I will make sure there is a testament with the following 2 important points: 1) The emotional message I would like to give them 2) preventing the childish erfruzies from materialistic bits and Tidbits.
I certainly wouldn’t hide it somewhere at home.Surely you don’t want that special message to be accidentally found by someone at any time?
So my tip would be: invest in an official testament and say every day how much you love each other, so there is no doubt even when there would be no will.
Zoo…. time for a drink!
Jottem.Let me also do inheritance within my legal practice. Here the answer for the Netherlands and (as far as I know) the other realm parts.
Article 4:1 BW (article 1 of Book 4 of the Civil Code) states:
- Succession has a place in the death or the final disposition.
- Of the succession to death can be departed from a disposition of disposition that involves an inheritance or an unteration.
This therefore immediately raises the question of what is a “disposition of disposition” and whether that form is free. In the latter case you could think of a handwritten letter, a film recording, but also puzzles 脿 la The Da Vinci Code (the book by Dan Brown).
Book 4 tells reasonably exactly what can and cannot, and has a closed system.So it is the rules of the law that apply, another choice is not there.
Check article 4:94 BW 鈫?/p>
Mmm… What a pity.
So I can’t turn off a puzzle trip or leave a movie recording? Well, that can and in the best case it can help in interpreting the utmost disposition of will. But please assume that a deed is leading and is therefore compulsory.
Maaruh, we could also deviate anyway?
Article gives the possibility to put something on paper yourself (= a private deed) AND to keep it at home but… Unfortunately, the options to regulate matters are limited and apply strict conditions!See article 4:97 BW 鈫?p>
With the handwritten letter you can only let that specific box go to a certain person, or at best the whole furniture but… This is a legate, which means that, in principle, there is a claim to the inheritance in which the heirs first possess.
A legatee is a creditor of the succession but if, for example, there is nothing to get…
The utmost will be on the right to death, which means that you can specifically forgo the children or leave all possible (!) cases to others (and thus the de facto onterft).If the kids disagree with that, they can appeal to their legitimate portion (that the inheritance can complement them done through wills).
So: Is the handwritten and home-saved “testament” valid?Yes, in principle, as being a private act within the meaning of article 4:97 of the BW, but it is only valid in those circumstances for these cases.
Note I: On Curacao There are other rules on inheritance law and an important difference is that they do not know a legitimate portion there!So if anyone out there the kids Unterft they also have really bad luck.
Note II: The inheritance law sometimes also follows the game rules of another country.For example, do the heirs argue about a house that falls into the estate and is located in France? You already feel him coming: French law may have something to say. Check: What is the French and Dutch legal inheritance?-fanf.fr For example, a nightmare story of legitimate portions for the surviving spouse concerned.
Then question 2: I do not think it is ethical to give you about Quora tips on how you currently hide power for the benefit of a more favourable distribution at death later without more context in that question.As my client, I would certainly like to know more about you in terms of how, what and why. In a way you ask me: Is it smart to stop all my money in my mattress and pretend to be poor, and you will feel the legal hooks and eyes that are stuck to it.
In my opinion, the ethical right advice should be: You should now play an open map with everyone on the current ability to plan already the necessary (estate planning) for a (uncertain) future.For example, power can be stopped in a foundation against issuing certificates to the deceased. This can be done by life with the certificates he wants. In this way, I could, for example, retain my family and art collection (with considerable value) for the entire families and limit the rights of use through the certificates. What is the current value or precise catalogue of this ability at any other time than for the foundation and its administration to communicate (appropriately).
Short and good: if I would have the relevant ability to do so and the need arises to settle something, I would discuss that with my wife and children and then look for an estate planner.
Yes, you can be a ZG. To make an Olographic testament.You have to notify the notary. Who registers that there is a testament.
After your death, everything you have is worthless junk.Even though you have a house or a lot of money, the law then determines how it is distributed.
They are meaningless memories of your life, on ‘ that one ‘ thingy. Wills age and in 10 years your TV is no longer worth a blow.Your couch is discolored, books are heavy, antiques is either in, or out of fashion and Ikea has a new assortment.
Eventually, they have to move it all, dispose of it and sell it in the days after your death.Look for your most valuable goodies, make a small list of them.
Make sure your kids already have a copy of your photos, make them aware of the presence of your list, but don’t write names; Let them find out for themselves.