Best Will & Testament Lawyers in Sanem

About Will & Testament Law in Sanem, Luxembourg

In Sanem, as anywhere in Luxembourg, wills and estates are governed by national civil law. The system is notary-centered, meaning notaries guide the preparation, safekeeping, and execution of wills and help settle estates. Luxembourg recognizes several valid will formats, imposes forced-heirship rules that protect close family members, and offers modern cross-border tools through European Union regulations for people with multiple nationalities or assets in different countries.

Making a will in Luxembourg lets you decide who inherits your property, appoint trusted people to carry out your wishes, and plan for family protection, business continuity, and tax efficiency. Even if you live in Sanem, you can work with any notary established in Luxembourg. If no will exists, statutory rules decide who inherits and in what shares.

Why You May Need a Lawyer

You may want a lawyer if you have children from previous relationships, wish to protect a vulnerable beneficiary, or want to provide for an unmarried partner. Legal help is also important when you own a business, real estate abroad, or significant digital and financial assets that require careful coordination. A lawyer can structure gifts and legacies that respect Luxembourg forced-heirship limits, choose the applicable law for international estates, and prevent disputes through clear language and compliant formalities. Professional advice is especially useful to review your matrimonial property regime, align beneficiary designations on life insurance and pensions, and anticipate taxes and fees. If a dispute arises, or if the validity of a will is challenged, a lawyer can represent your interests before the competent authorities and work alongside the notary who is handling the estate.

Local Laws Overview

Types of wills. Luxembourg generally recognizes three classic forms. A holographic will is entirely handwritten, dated, and signed by the testator. An authentic will is received by a notary in the presence of witnesses and is dictated or read to ensure clarity and compliance. A mystic will is written by the testator or another person, sealed, and deposited with a notary in the presence of witnesses. Each form has strict formalities. Failure to comply can make a will invalid.

Capacity and consent. The testator must be of sound mind and act freely. Adults can generally make a will. Persons under guardianship or with limited capacity face restrictions and should seek advice. Wills made under duress, fraud, or undue influence can be contested.

Forced heirship. Luxembourg protects descendants with a reserved share that cannot be infringed by gifts or legacies. As a broad guideline, if you have one child, at least one-half of your estate is reserved for that child. With two children, at least two-thirds is reserved for them. With three or more children, at least three-quarters is reserved for them. The freely disposable portion is what remains after the reserve and can be left to anyone. Disinheriting a child entirely is generally not possible except in very rare cases established by law and through court procedures.

Rights of the surviving spouse and partners. The surviving spouse has inheritance rights that depend on the presence of descendants and on the matrimonial property regime. There are legal protections for the marital home and household furniture. Luxembourg offers different marital regimes, with a default community-of-acquests system that shares assets acquired during marriage. Registered partners have certain rights but not the same as spouses, and unmarried partners have no automatic inheritance rights without a will.

Intestacy. If there is no valid will, the estate is distributed by law. Descendants come first, sharing the estate with or ahead of the spouse depending on circumstances. If there are no descendants, the spouse, ascendants, and collaterals inherit according to statutory order. Without relatives, the estate may pass to the state.

Cross-border estates. The EU Succession Regulation allows a person to choose the law of their nationality to govern their entire estate. Absent a choice, the default is usually the law of the country of habitual residence at death. A European Certificate of Succession can streamline recognition of heirs and executors across participating EU states. Special rules may apply for non-EU countries or countries that opted out.

Foreign wills and languages. Luxembourg generally recognizes the form of a will if it complies with the law of the place where it was made, the law of nationality, or the law of domicile at the time of making or death. Wills can be drawn up in the official languages of Luxembourg. For notarial wills, the notary must understand the language used, and a sworn translator may be required if needed.

Registration and safekeeping. Notaries can register the existence of a will in a central register so that, upon death, the will can be traced. The register notes only that a will exists and where it is held. The content remains confidential during life.

Estate administration. After a death in Sanem, the family typically contacts a notary to initiate succession. The notary verifies heirs through an acte de notoriété, identifies assets and liabilities, checks wills, ensures compliance with forced-heirship rules, and prepares the transfer documents. Tax declarations and registration formalities must be completed within legal deadlines to avoid penalties.

Taxes and fees. Transfer duties and registration fees may apply, with rates and exemptions that depend on the family relationship, the nature of assets, and any applicable reductions for the family home. Notarial fees are regulated. A notary or lawyer can provide estimates based on the estate’s composition and the family situation.

Frequently Asked Questions

What kinds of wills are valid in Luxembourg?

Luxembourg accepts holographic wills that are handwritten, dated, and signed by the testator, authentic wills made before a notary with witnesses, and mystic wills that are sealed and deposited with a notary. Each format has detailed formalities. If you want clarity and low risk of invalidity, an authentic notarial will is often recommended.

Can I disinherit my children in Luxembourg?

Generally no. Children are protected by forced-heirship rules. Depending on how many children you have, a minimum portion of your estate must go to them. You can only dispose freely of the remaining portion. Attempts to bypass the reserve through lifetime gifts or complex structures can be challenged.

Does my spouse automatically inherit everything?

Not necessarily. The spouse’s rights depend on whether there are descendants and on your marital property regime. The spouse is protected, including potential rights regarding the family home, but will often share the estate with children. Planning is important in blended families to balance the spouse’s security and children’s rights.

Are joint or mutual wills allowed?

Joint wills made by two people in the same document are generally not permitted under Luxembourg civil law. Each person should make a separate will. Couples who want coordinated planning can use reciprocal separate wills or a marital agreement, within the limits of forced-heirship rules.

If I live in Luxembourg but have another nationality, which law applies to my estate?

Under the EU Succession Regulation, you can choose in your will that the law of your nationality governs your entire estate. If you do not choose, the default is usually the law of your habitual residence at death. Choosing the applicable law must be done carefully so it coordinates with forced-heirship and any non-EU assets.

Will my foreign assets be covered by my Luxembourg will?

Often yes, especially if you choose the applicable law in your will. Some countries impose local rules on real estate or do not follow the EU system. To avoid conflicts or delays, coordinate your Luxembourg will with local advice wherever you own property. In some cases, a separate local will can be helpful if it is carefully aligned.

Do I need witnesses for a handwritten will?

No. A holographic will must be entirely handwritten, dated, and signed by you, and it does not require witnesses. However, mistakes in wording or form can cause problems. Many people prefer a notarial will for greater reliability.

How do I make sure my will is found after I die?

Ask a notary to keep the original and register its existence in the central register. Tell your executor or close family which notary holds it. Avoid hiding the will in places that are hard to access, and keep copies with a note indicating where the original is stored.

Can I appoint an executor in Luxembourg?

Yes. You can name an executor to oversee the implementation of your will. The notary still plays a central role in the succession process, but an executor can help manage practical tasks, protect assets, and coordinate with the notary and heirs.

How often should I update my will?

Review your will after major life events such as marriage, divorce, the birth or adoption of a child, a significant change in wealth, buying or selling property, or moving countries. As a general rule, a review every three to five years helps keep your plan current.

Additional Resources

Chambre des Notaires du Grand-Duché de Luxembourg for finding a notary and understanding notarial services related to wills and estates.

Administration de l’enregistrement, des domaines et de la TVA for information on registration duties and inheritance related filings.

Guichet.lu the Luxembourg government portal for citizen guides on succession, marriage regimes, and related procedures.

Barreau de Luxembourg and Barreau de Diekirch for locating a lawyer experienced in succession and family property law.

Commune de Sanem Civil Registry for certificates of death, marriage, and family records needed in estate files.

Next Steps

Clarify your goals. Decide who should inherit, who needs protection, and what you want for your spouse or partner. Identify any specific gifts, charitable legacies, or instructions for business continuity.

List your assets and debts. Include real estate, bank and investment accounts, life insurance, pensions, company shares, vehicles, valuables, and digital assets. Note where they are located and how they are titled.

Consult a notary and, if needed, a lawyer. Ask about the most suitable will format, the impact of forced-heirship, and how your marital regime affects the plan. If you have cross-border ties, discuss choosing the applicable law and coordinating with foreign jurisdictions.

Prepare supporting documents. Collect identification documents, marital agreements, prior wills, beneficiary designations, property deeds, and company documents. Clear documentation reduces delays and costs.

Execute and register your will. Sign in the correct form and, if using a notarial will, have it recorded properly. Consider registering the existence of your will in the central register for traceability.

Communicate and store safely. Tell trusted people who to contact and where the original will is held. Keep a summary of wishes, key contacts, and an asset roadmap to help your executor and family.

Schedule periodic reviews. Revisit your plan after life changes or every few years to keep it aligned with your family, assets, and the law.