Writing a will is not something we think about among other everyday matters, nor we realize how complex the inheritance issues may appear, which, coupled with the complicated international inheritance law, may turn out to be a challenge. But there comes a day we might want to state our wishes and give instructions to make things easier for those who will benefit from it.
Drawing a will by a professional might dispel the concerns of those foreigners who reside in Denmark and save time of their families remaining in their country of origin when acquiring the rights of the testator. Drawing a will by a lawyer is a guarantee of its accuracy, validity and completeness.
The lawyer who makes the will, is most often its executor and the guardian of the testator’s last will.
Even if we do not have a huge wealth, it is still worth writing, if we first of all want our belongings or a property to be distributed as we wish, or if we want to make things easier for our relatives.
REASONS FOR WRITING A WILL:
- if you are not married, but you would like to provide your life partner. In the case no testament was written, the statutory inheritors (e.g. children, parents, siblings) will inherit everything. Without prejudice to the rights of the children, it may, however, lead to the financial hardship of the living life partner, especially when the partner contributed to the home budget, family support and the growth of the wealth. The living partner should have his or her share in the wealth they built together with the deceased;
- if you have children from a previous relationship. Only a will and testament will guarantee that the distribution of the inheritance between the inheritors will take place according to the will of the testator’s;
- when you want to restrict the disposition of property until the inheritors reach certain age;
- if you want to bequeath a part or all of your property to a particular person as a separate property that will not be subject to a partial distribution in case of divorce;
- if you are an only child, you have no children, you have no spouse, and you do not wish the state to inherit your property. In the case there are no inheritors, all your property will become the property of the Danish State;
- if you want to bequeath your property to your distant relatives, friends, organizations, other persons or entities;
- if you want to decide of the disposition of your property yourself, not in the way as it is determined by the law;
- if you want to secure such matters as child custody. In this case, however, it is the child’s best interest that is taken in the account first by the state, not the testator’s will.
Last will and testament should be modified each time, a major change occurs in your life – be it a marriage, a divorce, a separation, a childbirth or a property purchase. The spouses and partners may write down the testament together.
The cost of the registration of a will in a registrar office is 300 DKK. See our prices for making a testament here.
It is in your interest to invest in writing the document to avoid complications. Hiring a lawyer who will prepare a will for you is a guarantee of their accuracy and the assurance that your interests will be protected.
Advokat Thomas Refning Poulsen
lawyer in Herning – testament
Tel. 97 12 20 10
e-mail: info@refning.dk