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A will plays a dual role in your wealth planning.
On the one hand, it is an accessible way to record your wishes. There is no need to set up complex structures or make decisions that have an immediate impact on your current wealth. You can reflect calmly, make adjustments and amend your will where necessary.
On the other hand, it acts as a safety net. If you were to die unexpectedly before completing your full planning, your estate would be distributed in accordance with statutory rules in the absence of a will and these do not always reflect your personal situation or intentions.
With a will, you ensure that:
· your assets pass to the intended beneficiaries
· your heirs are given clarity about your wishes
· potential disputes or conflicts are avoided
The experts at PIA Group and its offices often see in practice how a well-drafted will brings peace of mind, and how its absence can give rise to uncertainty.
The different types of will
Not every will is the same. Depending on your situation and wishes, you choose the form that suits you best. Belgium has three main types of will.
1. The holographic will: simple but not without risk
The holographic will is the most accessible form. You draft it entirely yourself, without the involvement of a notary.
To be valid, it must be:
· written entirely by hand
· dated
· signed
In a digital world this may seem unusual, but a typed or digital document is not legally valid in this form.
Its main advantage is its simplicity. You can act quickly and amend your will at any time. Drafting this will is free of cost.
However, there are several key points to consider. In practice, our experts observe that holographic wills are often unclearly worded or contain legal errors. This can later lead to issues of interpretation or even to invalidity.
In addition, there is a risk that the document may be lost or not found after your death. This can be mitigated to some extent by depositing the will with a notary, who will register it in the Central Register of Wills.
2. The notarial will: certainty and clarity
If you want maximum certainty a notarial will is usually the best choice.
You discuss your wishes with a notary, who translates them into a legally correct document. The notary ensures that all legal formalities are complied with and that the language is clear and unambiguous.
This type of will is a so-called formal deed. This means that errors in form do not only render the document invalid, but can also invalidate its legal effects. This is precisely why the guidance of a notary is so valuable.
An important advantage is the automatic registration in the Central Register of Wills. As a result, there is no need to search for a document after your death. Your will will always be found and correctly executed.
Here too, we observe that this type of will often prevents disputes between heirs and provides greater peace of mind.
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3. The international will: for complex or cross-border situations
If you have assets abroad or an international context, an international will can be an interesting option.
This form offers greater flexibility. You can draw up the will yourself, by hand or digitally, or have it drafted by a third party. The choice of language is also free.
You then hand over the document to a notary in the presence of two witnesses. You declare that it is your will and that you are aware of its contents. The notary and the witnesses do not read the document, which ensures greater discretion.
The notary keeps the will in a sealed envelope and draws up an authentic deed of declaration.
However, there is an important difference compared to the notarial will: it doesn’t have immediate executory force. After your death, the universal legatee must still submit an application to the family court to be put in possession of the estate.
Which will suits your situation?
The choice of a particular type of will depends on several factors:
· the complexity of your assets
· your family situation
· any international elements
· your need for certainty and guidance
In simple situations, a holographic will may suffice. But as soon as more is at stake, such as multiple heirs, real estate or a blended family, professional guidance is no unnecessary luxury.
The experts at PIA Group and its offices help you make the right decision, tailored to your personal situation and future plans.
What can we, as wealth planning experts, do for you?
At first glance, drafting a will may seem simple. However, in practice it often involves more than you might think.
The experts at PIA Group and its offices guide you every step of the way so that you not only have a valid document but also a well-considered and future-oriented plan.
Concretely, we help you to:
· map out your complete financial situation
· clearly define your wishes and objectives
· avoid legal pitfalls
· make use of tax optimisation within your estate
· choose the right type of will
· and align your will with your broader wealth planning
We work closely with notaries and other specialists, ensuring that everything is legally sound and practically executable.
But perhaps even more importantly, you gain peace of mind. You know that everything is taken care of, exactly as you want it.
Start today, for later
Drafting a will is not a one-off decision but part of a broader process. Your situation evolves and your will can evolve with it.
By already considering your estate today, you prevent others from having to make difficult choices on your behalf at a later stage.
Do you want to be certain that everything is arranged properly and in line with your wishes? The experts at PIA Group and its offices are happy to guide you, from initial insight to concrete implementation.
