The law of persons and family law cover issues such as cohabitation, marriage and registered partnerships, home ownership, children, gifts, inheritance, appointments of administrators and executors and managing and settling estates.
If you live with someone or are planning to start living together, you are highly recommended to arrange a cohabitation agreement, certainly if you are also buying your own home. A prenuptial agreement is recommended if you are going to start your own business. A notary can also advise you whether or not, for example, to register your home in both your and your partner's name. If you have children, it is advisable to make a will that includes custody arrangements.
Appointing an administrator is important if people are no longer able to make their will known or unable to manage their assets themselves. A notary can request the court to appoint an administrator on a client's behalf and also provide further assistance and advice.
If you want to give a gift to someone, do it by notarial deed as this will serve as evidence of your gift!
In the case of an inheritance it is also advisable to contact a notary. The notary can check the Central Register of Wills to find out whether someone is entitled to the inheritance and also advise on whether to:
- accept the inheritance unconditionally (this means accepting the full inheritance, including any debts);
- accept the inheritance without liability for debts beyond the value of the assets established by inventory (if the beneficiary is unsure about whether the debts exceed the assets). A notary must request permission from the court on your behalf if you wish to accept an inheritance in this way;
- renounce the inheritance (if you do not want any of the inheritance). Here, too, a notary must ask a court for permission.
An executor is the person appointed in a will to handle matters for all the beneficiaries after the testator's death. A notary has to be involved in settling an estate if the beneficiaries include children under the age of 18 or anyone whose assets are under administration, as well as if any property or shares in a private limited company have to be divided.
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