To the content
Notariaat Wellens
Menu
Two hands supporting each other

NOTACARE · OUR ADVICE DEPARTMENT

Advice that starts with your life.

Discover our guidance ↓

To begin with

Advisory Department of Notariaat Wellens

Becoming independent. Living together. Protecting someone. Saying goodbye. Here you will find explanations and guidance that connect with what concerns you today.

Discover which arrangements make the difference, with clear explanations and examples for your family, your home and your assets.

Discover all advisory guides
“A good question also has the right to remain unanswered.”
Paul Wellens

Your questions, step by step

You do not need to have a fully developed plan yet. We start with your family, your wishes and what you yourself need to live on with peace of mind.

Why do I go to the notaire for this?

The civil-law notary brings together your existing agreements and compares what you want to arrange for yourself, your partner and other loved ones. Advice can also show that a planned transfer is better postponed.

How do I protect my family and arrange my estate?
  1. Make an overview of family, assets, income and existing documents.

  2. Compare the consequences of possible arrangements during life and after death.

  3. Only then choose which deeds or other steps will be carried out.

How does this proceed and how long does it take?

There is no general turnaround time. Health, a planned sale or foreign interests may influence the order.

Each chosen arrangement has its own formalities.

Which documents should I provide to the notaire?

Prepare what you already have. You do not need to wait until your folder is complete to make an appointment.

Is a document missing or do you not know where to find it? Check the help for each document. We will discuss what the office can obtain for you and what you still need to provide yourself.

Where can I find this?

Provide the full text and any amendments. Look in your deed folder or Mijn akten. Not everything is digitally available; if necessary, indicate which office drafted the deed.

Where can I find this?

Provide the full text and any amendments. Look in your deed folder or Mijn akten. Not everything is digitally available; if necessary, indicate which office drafted the deed.

Where can I find this?

Provide the full text and any amendments. Look in your deed folder or Mijn akten. Not everything is digitally available; if necessary, indicate which office drafted the deed.

Where can I find this?

Provide the complete version with date, attachments and later amendments. Do you not have this document or do you not know if it exists? Select “Help needed” and discuss it with the office.

Where can I find this?

Request the most recent version from your accountant or company manager. Add changes and attachments; the office determines which additional reports are needed.

These check marks only remain on the opened page and are not sent to the office.

Open the checklist: ready, need help or not applicable
What does the notaire do and investigate?
  • What facts, existing documents and applicable rules apply?
  • What do different scenarios mean for your family?
  • What must you keep for living expenses and care?
  • Which concrete next steps are legally and practically feasible?

We agree on which searches the office will conduct and which information you, your bank or another expert will provide.

What do I check before the next step?

Check what you keep yourself, who gets which rights and how the arrangements work together. Ask what happens with a different order of death.

What else must I arrange afterwards?

Keep an overview of the chosen agreements and review them after a major life event. Not every advice immediately leads to a deed.

Which practical tips can help me?

Start with your future housing and care needs. An arrangement must also remain viable when your circumstances change.

What do these words mean?
Succession Planning
Thinking ahead about protection and transfer of your assets.
Usufruct
the right to use or income from a property.
Where can I find more explanation or help?

You do not have to phrase your question in legal terms. Tell what concerns you, what you want to arrange and if an important date is approaching.

We will look together at the next step. We agree in advance on how the office will assist you and what costs are involved.

Ask your question to the officeMake an Appointment

General explanation for your preparation. The rules and documents that apply to you are determined based on your file.

On this page

THE ADVISORY DEPARTMENT OF NOTARIAAT WELLENS

Where do you stand today?

Start with what is happening in your life. You do not need to know yet which legal solution fits.

What do you want to keep?
Who do you want to protect?

DISCOVER YOUR INSTRUMENTS

Helping a child. Remaining in control. Giving your partner space. Each instrument does something different. Discover what it changes, where its limits lie and how it works in a life like yours.

Mandat de protection extrajudiciaire

You can no longer sign. Who may then act on your behalf?

You choose who may manage your affairs if you need assistance. You decide yourself what powers that person will have.

Discover who may decide what

Will

You want to leave something to someone. Will that person automatically receive it?

You record who will receive something after your death. Today, you retain your possessions and in principle can still change your wishes.

Discover what your will changes

Gift

Helping your child today. But what if you need the money yourself later?

You already pass on money or an asset now. That changes ownership and in principle is not easily reversed.

Discover what you give and what you keep

Marriage contract

You are married. Does that mean what you own belongs to both of you?

Your matrimonial property regime determines what is owned individually or jointly and how to settle accounts upon divorce or death.

Discover what truly belongs to whom

Choice clause

Must you decide today what your partner will only need later?

You record possible choices. The surviving partner chooses later within the limits of your marriage contract.

Discover which choice you can keep open

A joint portion in separation of property

Keep everything separate except what you want to protect together?

You keep your other assets separate and, for example, make a joint arrangement for the home in your marriage contract. This is called an added internal joint estate, or TIGV for short.

Discover how a joint portion works

Contribution and withdrawal

Making your own home joint property. Can you reclaim it in case of separation?

You contribute a personal asset into the joint property and agree on if, when and how it can return.

Discover when an asset can be reclaimed

Accession clause

Joint owners. Does the survivor then own everything?

You mutually agree which rights of the first deceased pass to the surviving partner, under certain conditions.

Discover what accession adds

START FROM YOUR LIFE

What suits your situation?

Your life situation helps determine which questions deserve attention.
Choose below where you stand today.

Are you uncertain about your status? View the difference between the four situations.

What do you want to have clear later?
clear?

YOUR OWN SITUATION

Perhaps you have already arranged something, but no longer remember exactly what. Or you want to protect someone and are looking for where to start. You do not need to know the correct legal terms to ask your question. What do I ask the notaire?

  1. What has already been arranged?

    You understand what your existing agreements mean for your home, your money and the people around you.

  2. What else can I arrange?

    You will receive an explanation about your options and their consequences. Also, what still needs to be investigated will be discussed.

  3. What is my next step?

    You know which information is missing and which decision still rests with you. Afterwards, you can have what fits your situation drawn up.

You do not need to know the answer
yet.

A QUESTION ABOUT YOUR SITUATION?

An existing deed, a change in your family or a concern about the future: feel free to bring what matters to you.

You want to know in advance what to expect. That is why we clearly and transparently discuss what work your file requires and what fee applies. We take into account the nature and complexity of your question, the documents to be examined and the time a careful handling requires.

The most frequently asked questions

ESTATE PLANNING

Ten questions about your assets, your loved ones and the arrangements for later. Open the question that concerns you.

When is the best time to start estate planning?

Start when you want to know if your partner, children or other loved ones are sufficiently protected. A purchase, marriage, divorce, retirement or a change in your health is a good moment to review your arrangements. You do not have to transfer anything immediately. First, we map out your situation and wishes.

Discover your options
Is estate planning also meaningful if I do not have a large fortune?

Yes. Even with one property or a modest savings amount, questions may arise about who inherits, who can remain in the home and who can manage matters if you are no longer able to do so yourself. Securing your own livelihood is the starting point in this.

See what you can arrange
Does my partner automatically inherit from me?

That depends on your form of relationship. De facto cohabitants do not automatically inherit from each other. Those in legal cohabitation have a more limited statutory right of inheritance than married couples. A will, your marriage contract and your family composition can help determine what your partner receives. Therefore, have your specific situation examined.

Start from your life situation
What is the difference between a will and a gift?

A will regulates what happens to your assets after your death and is in principle revocable. By giving a gift, you transfer something during your lifetime; that is in principle irrevocable. The choice therefore also concerns what you still need yourself and which freedom you want to retain.

Read more about a will
Can I make a gift and still retain the income or use?

That is possible in certain cases, for example with reservation of usufruct or appropriate conditions and charges. Not every arrangement suits every asset or wish. Have it determined in advance which income, powers and protection you keep and what the consequences of the gift are.

Read about conditions for a gift
Can I freely choose who receives my inheritance?

Not without limitation. Certain heirs, such as children and the spouse, have legally protected rights. A will or gift must take this into account. Discuss who you want to benefit and why, so that it becomes clear how much freedom you have and what the consequences of your choice are.

See what a will can arrange
Do I need an extrajudicial protection mandate in addition to a will?

They address different matters. A will concerns your estate. An extrajudicial protection mandate determines who may arrange certain matters on your behalf during your lifetime. To continue acting in case of later incapacity, the extrajudicial protection mandate must be registered in time. The powers and limits require a separate conversation.

Understand the extrajudicial protection mandate
Should my marriage contract be reviewed?

That is advisable if your family, assets or wishes have changed, or if you are not exactly sure what the contract means upon death or separation. An old agreement is not automatically unsuitable. First, we read what has already been agreed and investigate if that still fits.

Have your marriage contract reviewed
How much inheritance tax will my heirs pay?

That depends, among other things, on the competent region, the relationship, the assets and the distribution. Exemptions and previous transactions may also play a role. A meaningful comparison therefore starts with your data. Request to discuss the fiscal consequences together with your protection and that of your loved ones.

See the official information about inheritance tax
What should I bring to a first meeting?

Bring what you already have: your marriage or cohabitation contract, will, previous gift documents and an overview of assets and debts. Also note who you want to protect and what you want to retain yourself. If something is missing, we will agree on which documents are still needed.

Make an Appointment

An example to start with

An elderly couple walking together

RECOGNISED IN PRACTICE

You want to better protect your partner or family, but there is already a deed. Bring that along and note what has changed since signing. This way the conversation can start from your existing arrangements.

An illustrative example. Your own situation may be different.

Calculate first, discuss afterwards

USEFUL FOR YOUR PREPARATION

Use the official tools at Notaris.be. Cost estimates are indicative; discuss the result for your specific case.

View all calculation modules →

Frequently Asked Questions

FROM READING TO PREPARATION

Already a first answer.

Must I first find all the documents?

You can already ask your question with what you have. Note which agreements you remember and what has changed since. Using the checklist on this page, you can see what to gather and what still needs to be discussed with the office.

How do I prepare a conversation with my relatives?

First explain what you want to achieve or avoid. Give everyone space to express expectations and practical limits. Note what you agree on and which questions remain open, so that the conversation also takes into account who bears the consequences.

What if I am unsure between different solutions?

Write down for each option what you hope to achieve and what you do not yet understand. Bring existing documents. The consultation is meant to compare possibilities and consequences with your own situation before making a choice.

EASY PREPARATION

A checklist for your next step

Choose your subject. You will receive a concrete list of documents with simple explanations and help with what is still missing.

Useful websites on this topic

FROM FIRST QUESTION TO NEXT STEP

You do not have to figure it out alone.

  1. First your situation

    Explain what is happening, who is involved and what you want to avoid.

  2. Weighing possibilities

    We discuss your questions, the available documents and the consequences of possible choices.

  3. Your Next Step

    We record what you want to have prepared and what follow-up is appropriate.

View my preparation

You save this for your own consultation. The office does not receive anything via this button.