Leaving this world without a will can cause a lot of trouble for our heirs, even if we think we are not leaving much behind.
This is what Berit, whose elderly father is not rich and lives with her, fears. Apart from his car, he owns nothing and believes writing a will is not necessary. “He is from the generation that tends to keep his money under the mattress and did not plan anything for his death. I'm not sure how to approach this sensitive issue with him. What happens if he dies without a will? Beret wonders.
When the law applies by default
In fact, if her father doesn't write a will, it could complicate things for Pierrette. “First, you should know that in the absence of this document, the law stipulates by default who will be the automatic heir. “In this case, the children will inherit the property, and if there is a spouse or partner in a civil union, the latter will also inherit with the children. “, explains Notary Nataline Chapuis.
However, it is very possible that you may separate from your spouse, but not be officially divorced. Result: Even if it's not what we want, he will still get a portion of our property after we die. The husband can of course refuse his share of the inheritance, but there is no guarantee that he will do so.
“Since Berit's father lives with her, he may also want to favor her over her brothers and sisters, if she has any, and leave her more. But without a will that expressly states this, it will be shared equally between them,” the notary also warns.
Without a will, the process will also be longer and will involve costs, as the notary will have to prepare a declaration of succession, which is a notarized instrument that explains who the deceased's heirs are by default.
Another important point: a notarized will ensures greater peace of mind. M saysH Nataline Chapuis. A holographic will or probate made in front of witnesses must be verified by a court or notary on death, which will result in additional costs and delays.
When a will is prepared by a notary, the latter will also be able to verify that the person actually has the will and the legal capacity to do so, which significantly reduces the risk of possible appeal from other heirs. “With a holographic will, they can more easily invoke the fact that their father was pressured by Perret to bequeath his property to him, because he lived with her,” the notary explains.
Other good reasons for making a will
Writing a notarized will ensures that our wishes are respected and our heirs and assets are protected. Although this is a really good argument, it is not always enough to convince the rebel. “Sometimes, just mentioning death can make a person uncomfortable or anxious,” notes the notary, who recommends that Perrette instead focus on a positive approach with her father. In particular, by indicating that through this document, he will be able to ensure that all his assets are actually in the hands of the people he wants.
When preparing the will, the notary will specifically ask to make an inventory of assets and debts. This ensures that nothing is forgotten, for example, if life insurance is withdrawn or a safety deposit box is opened at the bank, which no one will know is there.
Conducting an inventory allows you to keep track of all the assets and liabilities of a deceased person and greatly simplifies the work of the liquidator (formerly called the executor).
advice:
· List all your bank accounts, investments, life insurance, debts, and debt securities, and identify the people you can contact.
· Take an inventory of your assets and put your affairs in order:
Ø Merging accounts spread across several banks into one account;
Ø Demanding loans that should have been repaid long ago;
Ø Ask people to whom you lent money to sign acknowledgments of debt;
Ø Make sure you take out life insurance contracts and make sure your designated beneficiaries are still who you want them to be;
Ø Keep only a little money at home and deposit the rest in the bank.
Ø Assemble jewelry and valuables in a safe and accessible place.
