Best Will & Testament Lawyers in Sanem

About Will & Testament Law in Sanem, Luxembourg

In Sanem, as everywhere in Luxembourg, wills and succession are governed primarily by the Luxembourg Civil Code and European Union succession rules. A will allows you to state how your assets should be distributed, name guardians for minor children, and plan for special circumstances. Luxembourg law includes forced heirship rules for descendants, which means part of your estate is reserved for your children regardless of what your will says. The process of settling an estate is largely notarial in Luxembourg, with courts becoming involved mainly when there are disputes or special issues. Residents of Sanem typically work with Luxembourg notaries and lawyers to draft, register, and implement wills that comply with national law.

Why You May Need a Lawyer

You may need a lawyer or notary if you want to draft a will that complies with Luxembourg formalities and avoids later challenges. Legal help is especially valuable if you have children from a previous relationship, own property in several countries, want to benefit a partner to whom you are not married, run a business, or intend to make substantial lifetime gifts. A lawyer can help you navigate forced heirship limits, reduce tax exposure where possible, coordinate your will with your matrimonial property regime, and ensure your documents will be recognized across borders. Legal assistance is also useful for appointing guardians for minors and planning for incapacity through powers of attorney or protective mandates. If a loved one has died, a lawyer or notary can guide you through the inventory, debts, certificates, and partition of the estate.

Local Laws Overview

Applicable law and EU rules. The EU Succession Regulation applies in Luxembourg and generally makes the law of the deceased's last habitual residence the governing law for the estate. It allows a person with multiple nationalities to choose the succession law of one of their nationalities in advance, which can be stated in a will. This can be useful for expatriates living in Sanem.

Types of wills. Luxembourg recognizes three main types of wills. A holographic will is entirely handwritten, dated, and signed by the testator. An authentic will is made before a notary together with either two witnesses or a second notary. A mystic or secret will is written by the testator or another person, sealed, and then deposited with a notary in the presence of witnesses. Each form has strict formalities. Non compliance can result in invalidity.

Forced heirship. Luxembourg protects descendants through a reserved portion of the estate. As a general guide, the reserved portion commonly corresponds to one half if there is one child, two thirds if there are two children, and three quarters if there are three or more children. The freely disposable portion is what you can allocate by will beyond the reserve. Attempting to give away more than the disposable portion may be reduced to respect the reserve.

Spouse and partner rights. The surviving spouse's rights depend on whether there are descendants and on the couple's matrimonial property regime. The default regime in Luxembourg is usually a community of acquisitions, but couples can choose other regimes by contract. When there are descendants, the surviving spouse typically has options that may include a share in full ownership or a usufruct, such as usufruct of the family home and its furnishings. Registered partners have more limited succession rights than spouses unless provided for by will and subject to forced heirship limits.

Intestacy. If there is no valid will, Luxembourg's intestacy rules apply. Descendants inherit first. In their absence, parents and siblings or their issue may inherit, followed by more distant relatives. The surviving spouse inherits alongside these relatives according to statutory shares and may hold special rights over the family home and furniture. Exact shares depend on family composition and the matrimonial regime.

Formalities after death. The estate is settled with the assistance of a notary who may prepare an act identifying the heirs, oversee an inventory, handle creditor claims, and prepare a deed of partition. Wills can be searched through the national register managed by the Chamber of Notaries. Certificates or deeds proving heirship are often required by banks and registries.

Taxes and fees. Luxembourg levies inheritance duties on assets located in Luxembourg, with rates that vary based on the relationship between the deceased and beneficiary and on the nature of the assets. Real estate in Luxembourg is typically taxable in Luxembourg even if the deceased lived abroad. Planning with a lawyer or notary can help clarify what duties may apply and when exemptions are available. Separate registration fees may apply to transfers of real estate and certain filings.

Language and validity. Notarial acts are commonly prepared in French or German. A holographic will can be written in another language, but translation and clarity are important to avoid disputes and to ensure full recognition.

Frequently Asked Questions

Who can make a valid will in Luxembourg

Any adult with legal capacity can make a will. Minors and adults under protective measures face limitations. The person making the will must understand the nature of the act and its consequences at the time of signing. Capacity can be challenged if there is evidence of incapacity or undue influence.

What types of wills are recognized

Luxembourg recognizes holographic wills that are fully handwritten, dated, and signed by the testator, authentic wills made before a notary with witnesses or a second notary, and mystic or secret wills that are sealed then deposited with a notary in front of witnesses. Each form has strict formalities and missing a formality may invalidate the will.

Can I disinherit my children

No, not completely. Luxembourg's forced heirship rules reserve a portion of your estate for your descendants. You can only freely dispose of the disposable portion. If you make gifts or legacies that exceed that portion, they may be reduced when the estate is settled.

What rights does a surviving spouse have

Rights depend on whether there are descendants and on the matrimonial regime. The spouse often has a choice between a usufruct option, such as over the family home and furniture, or a share in full ownership. In the absence of descendants, the spouse's share increases. A lawyer or notary should analyze your exact situation.

How does the EU Succession Regulation affect me

If you habitually live in Sanem, Luxembourg law will generally govern your succession unless you validly choose the law of your nationality in your will. This choice can simplify cross border estates or align your plan with the law you prefer, but it cannot override tax rules or certain mandatory local protections for heirs in some cases.

Do I need a notary to make a will

You can make a holographic will without a notary, but many people use a notary to ensure compliance, to avoid ambiguity, and to register the will with the national register. Authentic wills must be executed with a notary. Notarial guidance is strongly recommended for complex families or cross border assets.

Where should I store my will

Store the original in a safe place and tell your executor or a trusted person where it is. Consider depositing it with a notary, who can register its existence with the national will register. Registration does not disclose contents during your lifetime but helps locate the will after death.

What happens if I die without a will

Intestacy rules apply. Your descendants inherit first. The surviving spouse inherits alongside them according to statutory shares and may have specific rights over the home and furniture. Without descendants, parents, siblings, and more distant relatives may inherit according to the Civil Code. The exact result depends on your family situation and matrimonial regime.

Are digital assets and online accounts covered

Yes. You can include instructions for digital assets such as online accounts, cryptocurrency, and cloud files. Provide clear identification and access guidance in a secure manner. Compliance with platform terms and data protection rules is important. A separate memorandum can help executors manage these assets.

Can I change or revoke my will

Yes. You can revoke or modify your will at any time while you have capacity. A later will usually supersedes earlier ones to the extent of inconsistency. For clarity, revocation clauses are recommended. If you made an authentic will, execute changes with a notary. Destroying a holographic will can revoke it, but keep proof and prepare a replacement to avoid confusion.

Additional Resources

Chamber of Notaries of the Grand Duchy of Luxembourg - for locating a notary and information on will registration.

Bar Association of Luxembourg and Bar Association of Diekirch - for finding lawyers experienced in succession law.

Ministry of Justice of Luxembourg - for legislation and official guidance on civil status and succession.

Guichet.lu Government Citizen Portal - for practical procedures related to death, inheritance, certificates, and registrations.

European e Justice Portal - for information on the EU Succession Regulation and cross border inheritance issues.

Commune of Sanem Administration and Civil Status Office - for local civil status documents such as death certificates and assistance with municipal formalities.

Next Steps

Clarify your goals. Decide who should inherit, who should serve as executor, and who should be guardian for any minor children. Consider specific gifts, charitable legacies, and digital assets.

List your assets and liabilities. Include real estate, bank accounts, investments, business interests, life insurance, pensions, and personal property. Note where assets are located, especially those outside Luxembourg.

Assess family protections. Identify whether you have descendants and how forced heirship affects your plan. Consider your matrimonial property regime and whether a marriage contract update is advisable.

Choose the applicable law if relevant. If you hold another nationality, discuss with a lawyer whether to elect that law in your will and how it will interact with Luxembourg rules and taxes.

Meet a notary or lawyer in Luxembourg. They can draft a compliant will, coordinate with any foreign counsel for cross border assets, and advise on inheritance duties and practical settlement steps.

Organize supporting documents. Keep identification, family records, property deeds, account statements, business documents, and prior estate planning documents together. Tell your executor or a trusted person how to access them.

Plan for incapacity. Ask about powers of attorney and protective mandates so that someone you trust can manage your affairs if you become unable to do so.

Review regularly. Revisit your plan after life events such as marriage, divorce, birth or adoption of a child, significant asset changes, or a move to or from Luxembourg.

If someone has died. Contact a notary to initiate the estate process, arrange an inventory if needed, locate the will through the national register, notify financial institutions, and obtain any required certificates or acts identifying heirs.

This guide provides general information for Sanem and the rest of Luxembourg. Because every family and asset mix is different, seek personalized advice from a qualified Luxembourg notary or lawyer before making decisions.