Good to know The testament is an act eminently personal
The rules of the law of inheritance attributed to the descendants and the surviving spouse (reserving) a minimum share of the estate (the reserve)But, by a will (holographic, notarial or international), the deceased can dispose of the remaining part (the amount available) for the benefit of one or the other heir, to make a bequest to a charity, a humanitarian organization. An oral will is devoid of any value. To be valid, it must express the personal wishes of the deceased. The latter was able to establish throughout his life several wills. In this case, unless revoked, all have the same legal value, provided they have been written in the rules of art, a legacy, void, revoked, or lapsed is treated as never having existed.
A couple, for example, may not jointly write on a document a will signed by two people.
You may never regain it, either because it has been too well hidden, or because someone has found, but has done away with before the beneficiaries are aware of its existence.
Good to know If you charge yourself of the declaration of succession, without being help by a notary, it is possible that you ignore totally the existence of a will.
The legal reserve is set according to the type of heirs
The check-in desk where is requested a certificate of inheritance or where is registered the declaration of succession performs a final inspection. If the will has been recorded at the TRM, it will normally surface. A share of the estate is reserved to legally protect the heirs are called forced heirs. It is calculated on the basis of the 'mass dummy' which corresponds to the value of the entire property existing at death, less the value of debts, and increased by all the gifts given by the deceased in his lifetime. The amount available to the estate is the part that remains after the legal reserve and that the deceased was able to award following his will. The one who writes a will must have its reason at the time of its drafting, that is to say, be of sound mind. If a will was made by a person who enjoyed most of all his mental faculties and we can prove it, the will shall be considered as null and void.
According to the belgian law, he who asserts must provide evidence.
It can be brought by"any means of right", including testimony and presumptions.
