FURTHER EXPLANATION · 2 MIN READ
Start with whom you wish to protect
This background starts from the Notaris.be explanation of 1 July 2026 about situations in which a will can be useful. Those unmarried who buy a home together do not thereby regulate the full succession. The purchase deed determines which rights you acquire, but upon death inheritance law also comes into play. The arrangements made during life and the consequences after death therefore both deserve attention.
A will can fit the wish that a partner can continue living there or receive certain goods. Yet it is not a standard solution for every couple. The notaire reviews, among other things, the cohabitation form, any children, existing wills, and clauses in the purchase deed. A right of survivorship clause and a will do not have the same legal and fiscal consequences. The choice thus requires more than comparing the cost of the document.
Handwritten drafting also means respecting formal requirements
A holographic will must be entirely written, dated and signed by the testator himself. A typed text that you only sign does not satisfy this form. Clarity about the beneficiary, the goods and the extent of the grant remains equally important. Valid form and enforceable content are two distinct checks.
Certain heirs have protected rights. When your arrangement infringes upon these, for example a reduction claim may arise. That is a legal correction that a disadvantaged reserved heir can request. Also, unclear wording can lead to disputes. A notarial will provides guidance on form, content and safekeeping, but must not be portrayed as a document that under no circumstances may be contested.
Safekeeping and later revision belong to the process
Suppose two partners each own half of their home. They want that the surviving partner does not unexpectedly have to take decisions about the home with other heirs. Then we first examine which protection already exists and which rights are still missing. Only then does it become clear whether a will, another arrangement, or a combination suits. The example is illustrative; the answer changes if there are children or prior family agreements.
Bring your deed of purchase, previous wills, family composition and a simple overview of your assets. Especially note who you wish to protect and what that person practically needs. Safe-keeping with a civil-law notary and registration in the Central Register of Wills help to find the document later. After marriage, birth, divorce or a significant change in assets, a new review is worthwhile. Notariaat Wellens helps to compare the options and carefully record your choice. Make an appointment for advice tailored to your situation.