Every time a famous person dies, the question surfaces: Did they draw up a will?
With all the sub-questions of a sometimes turbulent life, with several marriages and half-siblings. And sometimes drama in the background too.
A will won't solve everything emotionally, but it's an excellent legal tool for expressing what will become of your estate after your death.
1. Draw up your will personally and by hand.
A holograph will (a will that you draw up yourself, unlike a notarial will) is a strictly personal document that you must draw up yourself. In other words, a joint will with your spouse is not valid (you cannot both sign a single document). You can, however, write the same will as your spouse, but each on a separate sheet of paper. The principle is that each spouse remains free to draw up his or her own will and must be able to change it without the consent of a third party. You cannot give anyone else power of attorney to write your will. The will must also be written, dated and signed by you. Thus, the following are not valid: an oral will, dictated on a recorder or DVD for example, a typed will, a will written by more than one person, a will written by someone other than yourself, even if you have signed it.
2. Be aware that your will is revocable.
You can cancel your will at any time, either by destroying the previous version (in the case of a holograph will) or by making another one that cancels or modifies the previous one. If this is not the first will you are writing, it is advisable to start it with a formula cancelling all previous wills, if that is your wish.
3. Think about what will happen to your social media accounts.
Have you also noticed that the presence and influence of the Internet are increasingly felt in our lives? Many people have an account on a social media platform such as Facebook, Twitter or Instagram. Now, it might be useful to think about what will happen to this account when you die. Will it remain open (like a kind of condolence book) or will it have to be closed? When you have taken care to designate an executor (person responsible for ensuring that your last wishes are respected), the latter may also be responsible for managing your account after your death. So don’t forget to send your passwords, for example in a sealed envelope, to the notary who oversees your will or keep it at home in a safe place, right next to the will. Note that Facebook specifically addresses this issue in its help section.
4. Be precise when writing your will.
Taking care of the wording and content of the will is essential, especially when you designate a person, an association or any other institution of company.
a) If you wish to bequeath your assets to an association, mention the exact name of the association. Thus, if you bequeath your assets to the “association protecting animals in Brussels”, there is a good chance that the legacy will be worthless since there are several associations of the same kind in the city. Unless it is possible to determine exactly which association is involved, the legacy is then impossible to carry out.
b) If you leave all your property to your closest friends, Mr. and Ms. B, each of 50% of everything, and if at your death, Mr. B is already deceased, Ms. B will not inherit all your property, hence she will only be able to inherit the 50% as stated in the will, unless you have designated her as a general legatee. In this case, the rest of your property will probably go to your cousins or, failing that, to the State. Similarly, if Mr. B and Ms. B are both deceased, it is not their children who will inherit (unless you have specified that), but your legal heirs, or failing that, the State.
In a will, if the person you designate as your legatee dies before you, their children will not receive their share unless you have specified this. Ig you leave half of your assets to your Mr. B and other half to Ms. B, you must then specify that in the event of the predecease of either of them, their share will go to the other, or to their children or other descendants.
5. Take into consideration your direct heirs.
You have only a limited amount of freedom to choose your legatees in your will. Some of your heirs such as spouse, your children and your parents are protected by law and are entitled to a minimum obligatory share of your inheritance. This minimum is called “ the reserve”. This is therefore a share of your property from which the heirs cannot be disinherited.
Please contact a notary or consult with your lawyer to help you avoid conflicts after your death or misinterpretation of your will.
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