To the content
Notariaat Wellens
Menu
Old family photos in an album

Giving & bequeathing · Notarial deeds

Notarial will

Discover our guidance ↓

To begin with

← All notarial deeds

Who do you want to leave something to, and what does that person get without a will?

Record your wishes for later with legal guidance and careful safekeeping.

"Do not first ask if everyone understands your decision."
Paul Wellens

Your questions, step by step

You want to care well for those dear to you. Tell us what matters to you; we help you to clearly record your wishes.

Why do I go to the notaire for this?

The civil-law notary puts your wishes correctly into legal wording and examines the rights of partner and children. A will only takes effect upon death; during your life you remain free to dispose of your goods.

How do I establish who will inherit from me later?
  1. Map out your family, assets and previous gifts.

  2. Discuss who you want to benefit and what happens if that person dies earlier.

  3. Have the will drawn up and arrange for its safekeeping and registration.

How does this proceed and how long does it take?

There is no general waiting period. You must be able to make your choice freely and with sufficient understanding.

Report an urgent situation. As long as you are competent, you may revoke or modify your will.

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 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?

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?

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.

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?
  • Can you freely determine and understand your wishes?
  • What rights do partner and children have?
  • How does the text align with your gifts and earlier wills?
  • Are form, safekeeping and registration correct?

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

What should I pay attention to before I sign?

Check names, assets, substitute beneficiaries and the relationship with earlier wills. Ask which rights of close relatives may limit your wishes.

Is a passage still unclear? Feel free to ask for an explanation with an example from your own situation. Only sign when you understand what you are agreeing to.

What else must I arrange afterwards?

Keep the details of the office. Review your will after a marriage, divorce, birth, death or significant change in your possessions or debts.

Which practical tips can help me?

Discuss your own wishes, even if someone else makes the appointment or guides you. A will is a personal decision.

What do these words mean?
Legacy
what you bequeath to someone in a will.
Reserve
the inheritance share to which certain close relatives are legally entitled.
Beneficiary
the person or organisation for whom you designate something.
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

What does this regulate?

01 · UNDERSTAND

With a will you determine within legal limits what happens to your estate after your death. A notarial will is recorded by the civil-law notary according to the required form.

We start from your family and what is already arranged. Then we discuss whom you want to benefit, which goods or rights you want to assign and what should happen if someone dies before you.

A RECOGNISABLE SITUATION

You want your partner to continue living there and ultimately your children to become owners. We consider which rights fit this and what costs or obligations arise for those involved.

What requires attention?

02 · CHOOSE CONSCIOUSLY

A will today does not transfer ownership. It must take into account protected inheritance rights and existing arrangements. A notarial will reduces certain risks of proof and safekeeping, but does not guarantee that there will never be disputes.

Also explain what was agreed earlier and where doubts remain. A regulation can only be appropriately developed if facts and wishes are clear.

More points to consider for your own situation

Thin waves move calmly over wet sand.

03 · YOUR INTENTION

You do not need to be able to answer all this in advance. Your doubts are also a good starting point.

Click on a question for an initial explanation or practical tip. You do not need to have an answer to everything yet.

  1. Whom do you want to protect, and why?

    Name the persons you want to protect and their concrete needs. Start with your intention; we will then work out the legal wording.

  2. Must someone be able to live there, receive income or become owner?

    Write down per person what is needed: shelter, income or ownership. Have explained which rights fit and who can make which decisions later.

  3. Are there children, a spouse or foreign ties?

    Specify your full family, nationality, place of residence and goods abroad. Add existing deeds and agreements.

  4. What if the chosen beneficiary dies earlier?

    Note a possible substitute and what you would wish for the children of the beneficiary. Also discuss what happens if none of them can receive.

  5. Do you want to replace or partially keep earlier wills?

    Bring older wills and indicate which wishes change. This can detect contradictory provisions.

What do we need, and why?

04 · PREPARATION

Bring what you already have. We will agree on any additional documents the office needs to request. The final list depends on your file.

Identity and contact details

To correctly identify the persons involved and their capacity. Provide identity documents via the channel we agree with you.

Earlier wills and marriage contract

To assess existing provisions and possible overlap.

Overview of assets, debts and previous gifts

To place your wishes in their patrimonial context.

Accurate details of beneficiaries

To avoid mistakes and unclear identification.

Information about foreign assets or residence

To investigate internationally applicable rules.

Is something missing? Mention it in your application. An initial meeting does not have to wait until you have gathered everything yourself.

What does NotaLegal do for you?

05 · GUIDANCE

We discuss your personal wishes, the available room and the consequences of the text. We take care of the notarial formality, safekeeping and registration details so that the will can be located later.

You will receive a draft for discussion. We review your questions and agree the final version before signing. Afterwards, we explain which preservation, registration or further execution applies to your document.

Know in advance what to expect.

06 · FEES

Statutory tariff where legally established

For deeds with a legally established fee, we apply that tariff. The total settlement also includes, depending on the file, taxes, dossier costs, third-party expenses and VAT. For services without a legally established fee, we agree the remuneration in advance.

You will receive a clear explanation in advance regarding the costs of your transaction. We discuss the services your file requires and distinguish between fee, taxes and other costs.

Read more

Substantive background: notaris.be · Drawing up a will

General explanation for preparing your meeting. Foreign ties, previous documents and your concrete situation may change the outcome. Sources and legal explanation.

Frequently Asked Questions

FROM READING TO PREPARATION

Already a first answer.

Do I need to know already which deed I need?

No. Start from what you want to arrange. An existing deed, a draft or your own description helps us ask the right questions. The explanation on this page gives you a first idea of the possibilities; the concrete elaboration follows from your situation.

What can I prepare now?

Gather the documents mentioned on this page for preparation. Also note what you want to keep, who is involved and which date is relevant. If you do not yet have everything, mention what is missing at your appointment.

Can I first have a draft discussed?

You can submit your question about a draft before proceeding. Indicate if there is a response deadline and provide the complete version, including attachments. We will coordinate with you on the control and guidance you require.

EASY PREPARATION

Your checklist: notarial will

Which documents do you prepare, where do you find them and when can the office assist? Indicate what you have and where you need support.

Useful websites on this topic

FROM FIRST QUESTION TO NEXT STEP

You do not have to figure it out alone.

  1. Your intention

    We discuss what you wish to arrange and who will bear the consequences.

  2. From documents to agreements

    We examine the necessary information and explain the proposed text.

  3. Signing and follow-up

    You decide after explanation. We discuss the completion and where you can find your documents.

View my preparation

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