In order to deviate from the legal inheritance law, a will can be drawn up. Here the testator can indicate what should happen to his estate. It is not mandatory to have a will drawn up. In the event that there is no will, the legal provisions become valid to distribute the estate of a deceased person. In the past, it was necessary to make a will to protect the rights of the surviving spouse. The current legal arrangement gives the surviving spouse better protection against claims from the children after the death of one of the parents. In this article you will find a number of common wills.
What is a will?
This is a notarial deed in which someone can expressly indicate what should happen to the estate after death. This allows someone to record what should happen to the assets after death. The will is recorded in the Central Wills Register. The last will made is the legally valid one.
Holographic will
This will is also called a closed will. This is written out in full by the testator himself and recorded at the notary.
What is a surviving will?
This will was often used in the past to prevent claims from the children in the event of the death of the first parent. In 2003, the position of the surviving spouse was better regulated by law. In this will, the children receive a non-payable claim equal to their inheritance share.
I grandpa will
These types of wills can be used to reduce the amount of inheritance tax. The inheritance does not go to the deceased’s children, but to the deceased’s grandchildren. This has the advantage that double inheritance tax does not have to be paid. Normally the inheritance goes to the children first. As soon as they die, the assets are transferred to the grandchildren. By passing on the children as heirs, a lot of tax can be saved.
What is a usufruct will?
This stipulates that, for example, the children own the house, but the surviving spouse has the right to usufruct and may therefore continue to live in the house. The children’s property is also called bare ownership, because they cannot derive any further rights from it.
Warrior’s will
This is a temporary will that was used in the past by soldiers who were sent to the front. The will was only valid temporarily.
Parental estate distribution will
This is a form of will that falls under the heading of surviving will. This will was widely used until 2003 to better protect the position of the surviving spouse. In this will, all assets are allocated to the surviving spouse and the children have a claim against the mother. The mother may pay off the claim, but she is not obliged to do so.
What is a divorce will?
A divorce will can prevent the ex-partner from having rights to the estate in a roundabout way. In exceptional cases, the ex-partner may still be entitled to part of the former partner’s inheritance.