Everest Legal advises is your advisor in matters like clear regulations regarding your estate. Often a balance needs to be found between multiple parties. In a personal approach we can advise you on the best way to accomplish your wishes.
Everyone has a legacy. This includes all assets and debts that are left behind when someone passes away. The legacy is divided among the heirs. As a bequest, you can leave certain objects or sums of money to someone or to a charity. Discuss your will at least once every five years with your civil-law notary. We are happy to assess your current will for you.
In a last will, you indicate who your heirs are and which part of your legacy they will receive. If you have a spouse and children, their position as heirs can be strengthened in a will. If you do not have a will, the law determines who your heirs are.
In a last will you can for example:
designate your heirs;
include a regulation for your partner / spouse;
appoint an executor and regulate the remuneration;
designate bequests, for instance of your possessions or money to a charity;
ensure that the legacy remains the private property of the recipient;
include a choice of Dutch law;
appoint a guardian for a minor child;
appoint an administrator who will manage the legacy of a recipient.
When you create a last will, you want it to be respected. The person of the executor or administrator is decisive in this matter. Unfortunately, the execution is not always flawless. We are experts in settling a legacy. We stand for a respectful and thorough management of your estate and are happy available to act as executor.
A last will is a good investment. It gives a comfortable feeling when important issues for after your death are well organized. This will avoid problems in the settlement as much as possible. We are accustomed to think with you and to explain complex issues clearly.
Marriage and cohabitation
We are happy to help you with:
creating a cohabitation agreement;
creating or modifying prenuptial or partnership agreements.
Are you living together without marrying or without entering into a registered partnership with the municipality? Then the law has nothing arranged for you: all assets and debts are for each individual separately.
In a cohabitation agreement, you control what possessions are owned by you and your spouse together.
A cohabitation agreement is often a prerequisite to let your spouse be eligible for a survivor’s pension. A mention to the pension fund is also often a requirement. An agreement also establishes what happens to, for example, your home and your pension if the relationship would end. A heritage can not be governed by a cohabitation agreement. For this, you’ll always need a will!
Married / registered partnership
Are you getting married or registered as a partner? Then the law automatically arranges that all your assets and liabilities are jointly owned. Do you not want this? Then you need to set up an arrangement with your notary. In addition, you can still include all kinds of regulations. For example, on sharing the costs of the household, sharing of pension and settling the capital at the end of the marriage. The conditions allow you to share in the capital of your partner but to not be directly liable for the debts of your partner (such as a student loan or debt because of a company). Are you an entrepreneur or is there a chance that one of you will later start a own company? Make clear agreements in advance to better structure and protect your capital.
Also prenuptial and partnership conditions may be amended or even abolished. We are happy to check your terms and we can tell you whether a change in the terms will have benefits for you.
Donations / estate planning
During your life you can also donate money to a charity fund or to your loved ones. For example, because you want to give one of your children or other loved one a financial helping hand. If you want to avoid jealousy and treat everybody equal, there are several possibilities. You can make arrangements in your will to settle earlier donations with the inheritance. In addition, there are several tax-efficient ways to make a donation.
By making a donation your can often save inheritance tax. You can make use of the exemption of gift tax on a yearly basis. The highest rate in the inheritance tax can sometimes be prevented by making a donation plan. We think along with you about the best way to shape a donation.
Did you know that it is possible to make a donation on paper? You will create a debt and amount guilty and only pay the annual interest to the recipient. This could be interesting for (grand) children but also for gifts to cousins or non-relatives.
Have you ever heard about the family bank? You could lend money to family or friends, who can use this to buy a house or to pay off their mortgage. You will receive interest and redemption. You may also want to establish a mortgage to obtain assurance about repayment.
Will while alive / power of attorney
The will while alive (“levenstestament”) is a special form of a will. In a will you determine what should happen after your death with your legacy. A will therefore does not apply until you pass away, while a will while alive applies for situations in your life. For example, in case you are unable to act due to illness or an accident, you can designate someone to whom you are confident to represent your interests in a will while alive. This way you keep in control and things are done according to your wishes.
Besides financial issues, a will while alive might also involve medical decisions (treatment or no treatment) or what should happen to your home if you could not live there independently anymore. You can also record personal wishes, for example about your care or the care of your pets.
Trustee and administration
Not everyone can take care of themselves in every way, or can control the finances. For example, by an intellectual disability, addiction or dementia. To prevent others from abusing the situation, the cantonal court can appoint a trustee, administrator or mentor. This person makes decisions for the person about the necessary care and finances.
Trusteeship, administration and guardianship are several measures to protect people who can not make good decisions for themselves. Government is meant for those who can not regulate their own financial affairs. Mentoring is about making decisions about the care, nursing, treatment and rehabilitation of the person concerned. Trusteeship is intended for people who can not manage their financial and personal affairs. Persons placed under trusteeship are incapacitated.
Application for a trusteeship, receivership or mentorship does not require an lawyer.
To determine for which measure of protection to apply and for filling out the application and provide the annexes, it might be helpful to get legal assistance from a lawyer or notary. We are happy to guide you in this application. We can also assist you when you are appointed as administrator, tutor or curator yourself.
If you receive an inheritance, you’ll need to think carefully about the way of acceptance. You do not want to be liable with your personal capital for any debt. So make sure you are properly informed as soon as possible.
A certificate of inheritance is not mandatory, but it is almost always necessary. A bank or other official body needs to know for sure who the heirs are before funds are released. We check whether there is a will made and present the conclusions in a certificate of inheritance.
The settlement of a legacy is a lot of work and may take a long time. Sometimes things are unclear to heirs or there are conflicting interests. Sometimes it is better for the conversation if a notary is present to clarify things or to come up with creative solutions. This way, the settlement of the heritage can proceed more smoothly.
When you accept an inheritance beneficially, you must provide an inventory and liquidation of the succession. This you must submit for inspection at the estate notary for creditors. At your request, we act as estate notary or liquidator of the heritage.
Perhaps you are hesitant to the settlement of an estate. We can take over from you: by providing a discrete clearance of the house, performing the inheritance tax declaration and by organizing and calculating the division of property.
If you are acting as executor, there are many questions you will face. We can help you with our knowledge and experience. Your questions will be answered quickly. Before you get stuck, we’ll provide you with practical advice.