Will
A will governs the distribution of your estate after your death.
Drafting a living will
A living will gives you control over your own life, even if illness or an accident temporarily or permanently prevents you from making decisions. With a living will, you maintain control over your finances, medical wishes and personal preferences. When drafting a living will, the role of a notary is indispensable. The notary ensures that your wishes are legally correct and practically executable. Read on to discover what a living will is and how it helps you be prepared for any situation.
What is a living will?
A living will is a legal document in which you specify who will represent your interests and how they should do so when you are no longer able to. This applies to situations where you are temporarily or permanently incapacitated, for example, due to an accident, dementia or surgery.
A living will prevents family members from having to go to court to appoint a guardian over your assets. It provides clarity and peace of mind, both for you and your loved ones. In a living will, a trusted person, such as a partner, family member or friend, is often designated to make decisions on your behalf.
At Westvaer, we guide you step by step in drafting a living will. We discuss your personal situation and ensure that your wishes are clearly and legally soundly documented. If you prefer to appoint a professional representative or have someone in your vicinity to assist you, you can also appoint an attorney at Bewind Partners. Bewind Partners is a subsidiary of Westvaer (see www.bewindpartners.nl).
Why is a living will important?
A living will provides you with certainty and prevents difficult situations. Without a living will, your loved ones may face tough decisions, such as:
- accessing your bank account to make payments;
- making decisions about your medical treatments;
- managing your home or other assets.
With a living will, you arrange all these matters in advance. You maintain control, even if you are unable to do so later. This prevents the need for appointing a guardian to manage your affairs when you can no longer do so yourself. Especially if you have significant assets such as a home, a business or investments, the standard provisions for a guardian may not be suitable for your situation.
Drafting a living will: what is involved?
Drafting a living will requires a careful approach. When creating a living will, you discuss your wishes with a notary and document them in a legally binding document.
You determine, among other things:
- Financial matters - Who will manage your banking, file your tax returns or make decisions about your real estate?
- Medical wishes - What medical treatments do you want or not want? Consider decisions about life-prolonging treatments or palliative care.
- Personal preferences - Who will take care of your pets? Do you want specific arrangements regarding visits or support from family and friends?
- Supervision - Who will ensure that the attorney-in-fact acts in your best interests, and who can the attorney-in-fact consult if they have questions?
An experienced living will notary helps you make these choices and ensures that everything is legally sound.
What is the difference between a will and a living will?
Many people confuse a will with a living will. The difference is straightforward:
Living will
A living will governs matters during your lifetime, when you can no longer make decisions yourself.
It is advisable to coordinate both documents. At Westvaer, we assist you in ensuring that your will and living will align seamlessly.
Why involve a notary?
A living will is more than just a document; it is a customized solution tailored to your personal situation. A notary ensures that your wishes are legally sound. At Westvaer, we take the time to get to know you and understand your circumstances.
Our approach offers you:
- legal certainty: your living will meets all legal requirements.
- personal guidance: we discuss all your concerns and wishes in a confidential setting.
- practical applicability: your document is immediately usable when needed.
Curious about how we can assist you? Contact us for a consultation.
Frequently asked questions about the living will
Here we answer some common questions:
What does a living will cost?
The costs vary by notary and depend on the complexity of your wishes. At Westvaer, we can provide a cost estimate fairly quickly.
Can I amend a living will later?
Yes, as long as you are mentally competent, you can modify or revoke your living will.
What if I don’t have a living will?
If you can no longer manage your affairs and do not have a living will, in the Netherlands, your loved ones will need to go to court to arrange guardianship. This is often not what your loved ones want. Additionally, once you are under guardianship, the rules of guardianship will apply. These may not always align well with your wishes or situation, especially if you own a home, a business or investments. For example, the court must approve expenses over €1.500 or gifts to your children in advance.
Do you have any other questions? Our experts are ready to assist you.
Why choose Westvaer
At Westvaer, we understand that arranging a living will is an important step. Our experienced notaries offer personal guidance and ensure that your document is fully tailored to your situation.
Do you want to maintain control over your life, no matter what happens? Choose a custom-made living will at Westvaer. Contact us and find out how we can help you.