To begin with
You do not need to choose a legal technique. Start from what you want to achieve and read which options you can discuss.
“What choice would you make if nobody had to approve it?”
On this page
THREE MOMENTS, THREE QUESTIONS
What should your arrangement achieve for you?
Today
Who is the owner and who is authorised to act? An extrajudicial protection mandate allows someone to act on your behalf. A gift changes who the owner is. These are different consequences.
In the event of a breakup
Who is entitled to what and which amounts need to be settled? An arrangement for death does not automatically resolve a division upon separation. Pay attention to ownership, loans, and agreements about recovery or termination.
Upon Death
What already belongs to the surviving partner and what comes from the inheritance? Afterwards, consider who may use, who can sell, and who will be the owner later. Use and ownership are not always held by the same person.
Practical tip: first write down your wish, for example: “My partner must be able to keep living there and also be able to move later.” This way you can verify whether an instrument truly makes this possible. You do not need to know the legal term yet.
An extrajudicial protection mandate
Who may act on your behalf during your lifetime?
Read about the options →A will
Who do you wish to leave something to after your death?
Read about the options →A gift
What can you already pass on now, while retaining your own security?
Read about the options →Your marriage contract
What is your starting point and which clauses suit it?
Read about the options →A choice clause
Choice for the surviving partner under the statutory regime.
Read about the options →Arranging certain property together
You keep your other assets separate and make a joint arrangement for certain property in your marriage contract. This is called an added internal joint estate (TIGV).
Read about the options →Contribution with take-back
A specific arrangement upon divorce and death.
Read about the options →Accretion of immovable property
House or land: rights, conditions and pre-emption rights.
Read about the options →Accretion of movable property
Accounts and securities: delimitation and recent VLABEL decisions.
Read about the options →Your life situation at a glance
| Your situation | Statutory starting point at death |
|---|---|
| Single | Legal family members inherit according to their rank. A friend or caregiver does not inherit on that basis alone. |
| De facto cohabiting | No automatic inheritance rights between partners. |
| Legal cohabitation | The partner is usually entitled to use the family home and household goods, insofar as they belong to the estate. This is called usufruct. This protection has exceptions and may be removed by will. |
| Married | The spouse inherits in principle according to the law and usually has a protected minimum right. Exactly what they receive depends, among other things, on children, other relatives and the matrimonial property regime. |
Which instrument does what?
Click on an instrument for detailed explanations and examples for your life situation.
| Instrument | When does it work? | What is the essence? |
|---|---|---|
| Mandat de protection extrajudiciaireExplanation and examples | During your lifetime | You choose who may arrange certain matters for you during your lifetime and what that person is authorised to do. |
| WillExplanation and examples | Upon Death | You determine who receives something after your death. In principle, you can modify your will later. |
| GiftExplanation and examples | During your lifetime | You give something away today. In principle, you cannot just take it back. Conditions may apply. |
| Choice clauseExplanation and examples | At death, as agreed in your marriage contract | Your spouse can later choose among the options allowed by your marriage contract. |
| TIGVExplanation and examples | From the contribution; the consequences in case of divorce and death are stated in the marriage contract | TIGV means added internal joint property. You keep your other assets separate and specify in your marriage contract which assets fall under an additional joint arrangement. |
| Conventional reacquisitionExplanation and examples | Upon the defined event | You agree on when and how a contributed asset is returned. This differs from the statutory reacquisition right. |
| Accession clauseExplanation and examples | Upon fulfilment of the contractual conditions | The survivor obtains the agreed right from the other, if the conditions have been met. |
An example to start with
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.
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
RELIABLE CONTINUED READING
FROM FIRST QUESTION TO NEXT STEP
You do not have to figure it out alone.
First your situation
Explain what is happening, who is involved and what you want to avoid.
Weighing possibilities
We discuss your questions, the available documents and the consequences of possible choices.
Your Next Step
We record what you want to have prepared and what follow-up is appropriate.
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