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Notariaat Wellens

Drafting or exercising a choice clause

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YOUR PREPARATION · FAMILY

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?

Complete marriage contract and amendments

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

Overview of assets and debts

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

Death details if applicable

Provide what you already have from the municipality, bank or notaire. If a document is missing, provide the name, date and place of death. The office will check what it can obtain itself.

Status

To review

Wills and gifts

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

Already made declarations of choice

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.

Continue later

We only save your choices regarding these documents in this browser, no names or case documents. Do not use this on a shared device.

You provide your documents through the channel agreed with the office. No documents are uploaded or choices sent on this page.

More explanation: Drawing up a marriage contract.

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"The other party may find your choice difficult without you having done anything wrong."
Paul Wellens

Your questions, step by step

A choice following the death of your partner can be difficult. We explain what your marriage contract allows and how much time you have to decide.

Why do I go to the notaire for this?

A choice clause in the marriage contract can provide the surviving spouse with various options. The existing text determines what is possible and within which timeframe.

What can I choose if my spouse dies?
  1. Have the entire marriage contract reviewed.

  2. Map out the assets, debts, and needs of the surviving spouse.

  3. Compare the consequences and record the choice in the required manner.

How does this proceed and how long does it take?

The deadline derives from your contract and the concrete settlement. Do not wait after a death until the tax declaration deadline is nearly passed.

Which documents should I provide to the notaire?
What does the notaire do and investigate?
  • What choices does the complete contract allow?
  • What deadline and form does it prescribe?
  • Which assets and debts are included?
  • What do the options mean for the surviving spouse, children and taxes?

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 which assets the choice concerns and what each option means for income, children and inheritance tax. A choice clause does not automatically execute every desired option.

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?

Coordinate bank instructions, real estate formalities and declarations with the established choice.

Which practical tips can help me?

Ask for at least two concrete scenarios, with the consequences both upon this death and upon a later death.

What do these words mean?
Choice clause
a contractual option for the surviving spouse to choose from certain property arrangements.
Surviving spouse
the spouse who outlives the other.
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 AppointmentDrawing up a marriage contract

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