Making a living will in the Netherlands:our solution-oriented approach

In a “regular” last will and testament, you can set out how assets should be divided upon your death. But what should happen to your assets if you haven’t passed away yet, but you’re not able to make decisions concerning your assets anymore?

This could be the case if, for example:

  • you’re in a coma due to an accident; or
  • if you’re abroad for a while.

Let us assist you in making a living will in which you have appointed a legal representative if financial or medical decisions have to be made for you in such cases.

Living will meaning: what is a living will?

In the Netherlands, a living will is a legal document made by a notary that includes two powers of attorney:

  • one dealing with financial matters, such as:
    • banking affairs;
    • property management; and
    • the buying and selling of assets.
    • another relating to personal and medical decisions, such as:
    • surgical interventions;
    • transfer to a care facility; and
    • organ donation.

The person designated as the representative will be in charge of these financial, personal and medical matters. Usually, a living will includes a condition under which it takes effect. Such a condition could be:

  • staying abroad for a(n) (in)definitive period; or
  • falling ill or if you’re determined to be legally incapacitated.

Its meaning is, therefore, to have yourself represented by an agent-in-attorney if you cannot represent yourself anymore.</p.

However, the living will may also say that it comes into force once it is signed by you in the presence of a notary. In that case, it would come into force directly after the signing.

The importance of a living will

There are numerous benefits of having a living will made by a notary:

  • In a living will, you can set out your financial, personal and medical desires that may otherwise not be known to anybody. By including these wishes in your living will, which is included in a notarial deed, your statements would principally be deemed to be the absolute truth. That is because, by Dutch law, anything included in a notarial deed constitutes compelling evidence. This may not apply to anything you have in writing made by you individually without being assisted by a notary.
  • Moreover, various bodies located in the Netherlands may require of your representative to show a notarial power of attorney, which would be included in the living will. Certain financial institutions and banks are the prime example of this, as they usually do not permit the representative to arrange any banking affairs if the representative’s powers are not set out in a living will made by a notary.
  • Lastly, with the living will, you yourself have the option to decide who can manage your financial and medical interests if you are no longer able to do so. By law, if there is no living will, the person representing you is namely appointed by the court. If there is a living will, the court will principally not appoint a representative. But if the representative appointed by you in the living will performs his or her job very poorly, the court can still intervene by appointing a representative herself.

Our firm’s added value when making a living will; a system of checks

Our involvement when making a living will has many benefits, including the following:

  • In the Netherlands, the notary making the living will will check if the person making it is still of sound mind. If this is indeed established by the notary, persons reading the living will may assume that the individual who made it was not legally incapacitated. This is done by us by default.
  • It’s possible that you have already made a document in your home country that deals with the same kind of matters as a Dutch living will does. Our firm has the right experience to ascertain whether this document is valid and applicable in the Netherlands. We apply international rules and regulations to determine this for you and to prevent any unnecessary burdens from arising in the future.
  • The living will does not necessarily have to be in Dutch only. We are very skilled at creating bilingual living wills (Dutch and English), so it can also be read and understood abroad.

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Arranging a meeting with Westport Notarissen

We would be happy to lend you a hand in all Dutch and international matters relating to your living will and testament.

Please do not hesitate to contact us for more information on this topic and to schedule an exploratory appointment. During this appointment, we can precisely determine what is needed in your case to create the right living will for you.

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frequently asked questions

Below, we have listed a few frequently asked questions by individuals who contact us.

Is my living will made abroad valid in the Netherlands?

Your foreign living will’s validity and applicability in the Netherlands is usually determined on the basis of the law you’ve chosen to be applicable in the document or based on international regulations. Depending on the country in which you made the living will and the law applying to it, the Dutch notary will ascertain whether it is valid.

How can I ensure that my desires in a foreign living will are followed in the Netherlands?

Your living will made abroad may be valid in the Netherlands as well. However, to ensure that there are no hurdles, it is recommended to make a living will in the Netherlands too. This could be a living will that complements the existing (foreign) one. However, it may be better to make a Dutch living will that simply replaces your living wills and general powers of attorney made in the past.

Does the living will have to be in Dutch?

The living will does not have to be in Dutch for it to be valid. It could also be drawn up in the English language or any other language the person making the living will and the notary understand. The living will could also be a bilingual document, consisting of a Dutch and an English version.

 

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