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Notariaat Wellens
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Notariaat Wellens

Investigate a right of accrual

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YOUR PREPARATION · PROTECTION

Specific documents for your meeting. Indicate what is ready, where you need help, and what is not applicable.

Prepare what you already have. A missing document is no reason to postpone your first appointment. We will discuss what we can obtain for you.

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Which documents should I provide?

Deeds of Ownership and Evidence of Contribution

Search in your deed folder, Izimi or Mijn akten. Cannot find the deed? Provide the address, estimated date and possibly the previous notarial office; we will see how to request a copy.

Status

To review

Valuation of the Involved Property

Provide the report with date and name of the appraiser. If there is no valuation yet, do not order one without consultation: first discuss what valuation is needed.

Status

To review

Existing Accretion Clauses

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.

Status

To review

Marriage Contract and Wills

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.

Status

To review

Draft Purchase Agreement if linked to purchase

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.

Status

To review

What do we record?

We examine the documents and legal implications. You do not need to work out the arrangement yourself beforehand. We will agree on which missing documents we can request.

A check mark means you have prepared this item. It does not mean that the office has already checked the documents or that your file is complete.

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“Trust need not be entirely present or entirely absent.”
Paul Wellens

Your questions, step by step

Would you like to protect each other if one of you dies? We will examine whether an accretion clause suits your situation and what the consequences are.

Why do I go to the notaire for this?

With an accretion clause, certain rights may transfer to the other party upon death. The civil-law notary assesses whether the mutual opportunities, contributions and form are legally appropriate.

How can an accretion clause protect my partner?
  1. Determine which property and persons are involved.

  2. Compare the arrangement with a will and other protection.

  3. Have conditions, termination and fiscal consequences prepared before signing.

How does this proceed and how long does it take?

Discuss this preferably before a joint purchase. The preparation depends on the property and the chosen structure; there is no fixed processing time.

Which documents should I provide to the notaire?
What does the notaire do and investigate?
  • Are the mutual opportunities and contributions sufficiently balanced?
  • Which property and form are involved?
  • How does the arrangement work in case of death, sale or breakup?
  • What inheritance and fiscal consequences apply to your situation?

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 whether the clause operates automatically or requires a choice, what happens on sale and how you can terminate it later.

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 deed with the involved property. Have the arrangement reviewed upon marriage, breakup or change of assets.

Which practical tips can help me?

Do not assume the same consequences as with a will. Request a comparison for your own family and property.

What do these words mean?
Accretion Clause
an agreement whereby rights accrue to the surviving party according to the agreed conditions.
Chance Contract
an agreement where the outcome depends on an uncertain event.
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.

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