Private

• Living Wills

  ‘Living wills’ are a special form of a will. These wills work for situations during life. For example being unable to carry out private duties because of illness. To represent your interests, you can designate someone you have full confidence in and have this recorded in a living will. This way everything is arranged according to your wishes and you keep being in control.

   

  In addition to financial matters, it can also involve medical decisions (treatment or no treatment), what should be done to your home if you cannot live there independently anymore. Also personal wishes can be included, for example about your personal care or the care for your pets.

   

  You can receive extensive advice from us in a personal meeting at our office.
  Call for an appointment.

• Donations

  There are various reasons for donating. For example, to offer a child financial support, or just to save on taxes.
  A donation or gift can be done in different ways. This way you can donate a sum of money, or directly give a valuable item to the beneficiary. An alternative way of donating is a gift “on paper”. This option is used when the donor is wealthy, but does not have many bank deposits.

  
  For example, because the house is free of mortgage, the donor does not give the amount immediately, but acknowledges it to the beneficiary. By keeping the donation under the exempt amount, no tax has to be paid.

   

  If you want to know more about donations and the possible advantages and / or disadvantages for you, please contact us.

• Marriage and Registered Partnerships

  There is a lot involved when getting married or enter into a registered partnership. Think of the location, clothing, guests etc. It is also important to agree on business matters when you are getting married or enter into a registered partnership, because otherwise the limited community of goods automatically apply. Marriage conditions and partnership conditions can be very useful in the case of independent entrepreneurship. Especially when you or your partner have much more assets at the beginning of the marriage / registered partnership, it is good to cover as many risks as possible. Any deviation from the limited community of goods must take place by means of a deed of prenuptial agreement / partnership conditions. Of course it is important to tune in as prospective spouses how this deed should be compiled.
  It might very well be that the prenuptial conditions / partnership conditions are very similar to a community of goods, but tailored exactly. It is best to make the choice for a limited community of commodities or marriage districts / partnership conditions, before entering the marriage.

   

  Also, it is possible to make changes during the marriage or registered partnership, but in some situations it is too late to make any changes. Call for an appointment.

• The Will

  If you die, there is an inheritance. The inheritance consists of your assets and debts and is distributed among your heirs. The law stipulates who your heirs are. You can also decide for yourself who your heirs are. You can do that by drawing up a will.

   

  If aren’t married or registered as partners and you do not have a cohabitation agreement that includes a resident permit, if you haven’t made a will you can not be each other’s heirs. Even if you are married or registered as partners, or if you have a cohabitation contract with a residency term, and also have children, it is advisable to make a will. There may be a number of things that you would like to see arranged differently on the basis of your personal situation and in relation to the law. You can also specify who should take care of the children when you are no longer there. This is what we call custody.

   

  If you have a new relationship it is important to know whether legal rules are suitable for your personal situation. For example, you can create a new relationship that includes children, especially if you also have children with your ex-partner.

   

  If you already have a will, it is wise to have this checked every five years, because things are regularly changing in the law. It might well be that you are better off with a small change or withdrawal.

   

  You can receive extensive advice from us in a personal meeting at our office. Call for an appointment.

• Cohabitation

  A new step in life: going to cohabit!

   

  Nothing is governed about cohabitation in Dutch law, but it is often advisable to record a number of agreements in writing. For example, cohabitation can be established in a written agreement at a notary. Together you determine what will be included. This way you can make agreements about assets and contributions to joint costs. But you can also make arrangements in case of separation.

   

  There are possibilities to include a residency clause in the event of death, where all joint assets are in use of the last surviving partner. It is even necessary to draw up a will when you wish the surviving partner to make use of all private property. Many pension funds require a cohabitation agreement to be able to register your partner for the partner’s pension (Survivor’s pension). Also, inheriting from your partner is cheaper with having a cohabitation agreement because of the larger tax exemption.

   

  If you want to know whether a cohabitation contract is the best choice in your situation, let us advise you in a personal meeting at our office. Call for an appointment.

• House and Mortages

  Realizing your dreams of owning your own home is satisfying, but the purchase of buying a house is an important decision in life; but becoming the owner is not that simple.

   

  In Amsterdam it is customary for the notary to draw up the purchase agreement after which it is signed by both parties at the notary’s office.
  Subsequently, the notary takes care of the implementation of the stipulated agreements as laid down in the agreement. The notary records this in a deed of delivery.

   

  Only after signing the deed at the notary’s office and registering the deed in the public registers of the Land Registry, you are the owner of the new house!
  If you take out a loan for the purchase, a mortgage deed will usually also be required.

  The mortgage deed gives the lender (usually a bank) the certainty that you meet all your contractual obligations.
  A mortgage deed is often required when you already own a house, but want to borrow extra money. The mortgage deed will also be registered in the public registers of the Land Registry after it has been signed at the notary’s office.

   

  In most cases, the buyer determines which notary is involved in the transfer.

   

  Whether or not a broker is involved in the transfer, you can always contact us directly for advice or consultation.