Preparing the Will in Luxembourg
Preparing the Will in LuxembourgUpdated on Friday 14th December 2018
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The process of preparing a will in Luxembourg can start during the lifetime of an individual who wishes to manage the manner in which his possessions are distributed after his death. Luxembourg imposes a forced heir law which means that a person must preserve a portion of his assets to the reserved heirs (the children).
Our law firm in Luxembourg can help you draw up a will and decide who is entitled to receive your possessions, according to the limitations of the law.
Legal provisions for drawing up a will
According to law, the testator must give his or her assets to certain categories of heirs. The total amount of assets is divided between the reserved portion and the freely disposable portion. The first category of heirs entitled to get a part of the assets are the children, also known as reserved heirs.
In cases where a property in Luxembourg needs to be passed on, a single child is entitled to receive half of the estate, two children will receive two-thirds of the property and three children or more will receive three-quarters of the estate. The remaining portion is freely disposable.
Wills in Luxembourg can be revoked or modified. The minimum age required to draw up such a legal document is 16 years and the testator must be in his full mental capacity.
Types of will in Luxembourg
There are three recognised forms of wills in Luxembourg:
- the authentic will: drawn up by a civil law notary;
- the holographic will: written and signed by the testator (should also be registered with a civil law notary to ensure that it will be used after the death of the testator);
- the sealed will: signed by the testator and delivered in a sealed envelope to the civil law notary in the presence of a witness; its contents remain secret until the death of the testator.
Regardless of their type, wills must be registered with a civil law notary in order to be legally enforceable. Testaments that are not registered are deemed non-existent. The costs for drawing up the document and registering it varies.
Our lawyers in Luxembourg can help you draw up or modify an existing will. We can also help you enforce the provisions of such a document if you are the legal heir of a testator.
Contact our law firm in Luxembourg for more legal advice.