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Family law

For more than 200 years Ohmann Notariaat has been a trusted advisor to many families on complex issues of national and international family law.

Our specialist team provides advice on the legal consequences of family relations and draws up the documents regulating the legal implications of cohabitation, marriage, divorce and death. Furthermore we can check if your existing will is still in line with your personal circumstances. When discussing your will, we can also inform you on the possibilities to save inheritance tax.

Ohmann Notariaat has built up years of expertise in advising charities and expats with property abroad and in the Netherlands. In order to reach an optimal result, we work together with specialists abroad.

ESTATE PLANNING

Our office advises our clients on asset and estate planning. This advice may lead to the amendment of your prenuptial agreement. In addition an amendment of your will or notarial gifts during your life may be desirable. We also assist enterpreneurs with their business succession.

ESTATES

We are well-versed in settling estates by rendering assistance with the necessary payments, requesting repayments, termination of the rent and subscriptions, sale of the home and filing of inheritance tax returns. We can also assist you with the division of the movable property and the monies.

PRENUPTIAL AGREEMENTS AND PARTNERSHIP AGREEMENTS

The proprietary consequences of a marriage and a registered partnership are regulated by the law. Deviation by way of prenuptial or partnership agreement is possible. A notarial deed is necessary for this purpose. If no prenuptial or partnership agreement is made, a community of goods will exist, depending on the date of your marriage. On January 1, 2018 some important changes were made to the law of matrimonial property. We can advise you on these changes.

COHABITATION CONTRACT

A cohabition contract can be implemented in a notarial deed. In this contract, parties can make arrangements on the assets and payments during their cohabitation and after ending their cohabitation. Please note that a cohabitation contract can not serve as a will. For that purpose, a separate will is always necessary. Furthermore a cohabitation contract can not lead to a community of goods.

DIVISION AFTER DIVORCE/COHABITATION

A divorce not only leads to emotional but also to legal questions. Questions such as: can I keep on living in the house? What about our pension? What do we arrange for the children? You look for certainty in case of a divorce. We can assist you with all your questions, so that the divorce can be arranged.

For example, by way of a notarial deed the (matrimonial) home can be allocated and transferred to one of the partners after a divorce. In general all financial consequences of the mortgage will then be allocated to this partner. Other arrangements following from the divorce agreement can also be executed. Finally, it may be advisable to amend your will as a result of the change in your personal situation.

GIFTS DURING LIFE

Notarial gifts during life can be a good instrument for estate planning. As a result of a gift the grantor does not necessarily have to lose the possession or control over the granted capital. We can further advise you on this subject.

CERTIFICATE OF INHERITANCE

A certificate of inheritance is a notarial declaration which shows who is (or are) the heir(s) of the deceased and who is entitled to legally represent the heirs to settle the estate. External organisations, such as banks, always demand a certificate of inheritance. We can prepare a certificate of inheritance for you.

WILLS

If you do not have a will, the law determines how your estate will be divided. By making a will, you can decide yourself who will be your heirs. In addition, making a will can entail tax advantages. In your will you can decide who has to settle your estate (by appointing an executor). You can also appoint a guardian and/or an administrator for your (minor) children.

If you already have a will, it is recommended to have your will checked on a regular basis. Your personal situation (family composition and/or assets) but also the law changes frequently and this may have influence on the desired contents of your will.

LIVING WILLS

A living will, despite its name, is not like the will you use to leave property at your death. A living will is a document that lets you state your wishes for end-of-life medical care, in case you become unable to communicate your decisions. Furthermore you can grant a power of attorney to a trusted person in your living will. This person will then be able to secure your financial interests. We can assist you with a notarial living will, which will be registered in the living will register.

A living will can give invaluable guidance to family members and healthcare professionals if a person can’t express his or her wishes. Without a document expressing those wishes, family members and doctors are left to guess what a seriously ill person would prefer in terms of treatment. They may end up in painful disputes, which occasionally make it all the way to a courtroom.