Will & Succession
Succession LawA family member or someone close to you passed away? Unfortunately, even during these difficult, trying and emotional times, one cannot avoid the necessary formalities surrounding the settlement of the succession…Our experienced personnel exclusively dedicated to this process will be of great support and empathy to you and your family. Our goal is not to mitigate the pain you are going through, but to make the effort in lightening up the responsibility you will have to face and make sure that, along the process, you are protected from all legal consequences related to a death. We are here for you!!
The settlement of a succession is a complex procedure, comprising many different formalities. If they are not respected, the consequences could be very serious. It is imperative to know about them! We are at your entire disposal through every step of the way, namely :
We are at your entire disposal through every step of the way, namely :
- Funeral arrangements;
- Obtaining of the proof of death;
- Testamentary research;
- Opening and inventory of the safe deposit box;
- Opening of a bank account for the succession in a financial institution;
- Verification of the Last Will;
- Analysis of testamentary dispositions;
- Determination of heirs;
- Designation of liquidator;
- Preparation of inventory;
- Life insurance claim, annuities and benefits;
- Fiscal formalities;
- Liquidation of the family patrimony and of the matrimonial rights;
- Registration of notices;
- Exercise of the options of the heirs;
- Administration of the succession’s property;
- Payment of debts and particular legacies;
- Transmission of property, movable or immovable;
- Accounting and sharing.
WILL
A notarized Will is, by far, the most beneficial of all. Writing a Will yourself will not necessarily save you time and money. If the notarized Will takes effect upon your death, other types of documents recognized by law (olograph or before witnesses) must be the object of a thorough verification, causing important delays and fees.
By giving the preparation of your will to your Notary, you will make sure to protect your loved ones by respecting the law and your last wishes as well. You will also benefit from professisonal advice from your Notary regarding fiscal matters, in order to minimize any fiscal consequences related to your death.
Protection Mandate
The protection mandate is an extremely important document as it allows to designate, now and in all consciousness, the person who will be taking care of your well-being and who will administer your property in case of incapacity.
The protection mandate has two different forms : a notarized protection mandate or a protection mandate signed before two witnesses. Although both have to be homologated in case of incapacity, the notarized protection mandate is clearly more advantageous. Its homologation procedure is simpler, personalized and suited to your situation.
Your Notary, having the right training, experience and expertise, is the best suited person to prepare this document, giving you peace of mind.
Succession
The settlement of a succession often represents a very heavy task for someone who is in charge of it. There are very strict and precise rules within the Law to settle a succession. The liquidator of a succession is even susceptible of incurring his own responsibility in all cases where a heir, legatee or creditor should pretend being aggrieved because of a failure to fulfill his obligations. As a heir, if the necessary formalities for the settlement of the succession are not properly fulfilled, you could be held responsible for the debts of the deceased, even beyond the value of the property being bequeathed to you.
The liquidator can mandate the Notary to proceed with the settlement of the succession. He can also, as a precaution, have the Notary assist him upon request, and get his advice.