Process of writing a "will" in Denmark

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abrakadbabra
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Process of writing a "will" in Denmark

Indlæg af abrakadbabra » 29.03.2016 19:38:51

Hi Experts,

Can you please help me to understand what is the legal process of writing a will in Denmark. And, how it is made recogonized? I have been trying to search about it on the internet but have not found anything in English.

Regards

mh1
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Re: Process of writing a "will" in Denmark

Indlæg af mh1 » 29.03.2016 21:23:22

Your will should show your full name, your birthdate (cpr.no: if you have one), current address and date of the will.
You can write one by hand, on your computer, or typewriter if you should have such an old thing, go to two of your grown-up neighbors and ask them to sign as witnesses to that you sign it (the three of you have to be present at the same time). Then keep it somewhere where it is likely to be found in the event of your death (not very safe method).

Or you can make a copy of the will, which you also sign (if there is more than one page, make two-sided copy/copies and sign all pages), and hand it in at your attorney's office for safe-keeping, making sure they know it is a will. Most likely you will have to pay for this service.

Or you can go to the notary with your will un-signed, and sign it in duplicate in front of the notary, who will then notarize it. Remember to bring identification. The notary will keep a copy, you will get the original.

Or - if your will would be complicated, go to a lawyer to have her/him draw up the will as you want it, and take care of the process of notarizing it.

A notarized will will automatically be presented when you die. An un-notarized may get lost.

The fee for notarizing is not more than about 500 DKK.
mh
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abrakadbabra
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Re: Process of writing a "will" in Denmark

Indlæg af abrakadbabra » 30.03.2016 17:59:03

Thank you, mh.

I know about notirizing thing. I have got some documents attested from notary in the court in past.
So you mean when I go to notary with my will (original and copy), after attestation they will retain the copy and give me back the original?

is it an automatic process that in the event of my death, notary will definitely inform my family about my will? because if yes, then I consider it more safe and assured.

mh1
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Re: Process of writing a "will" in Denmark

Indlæg af mh1 » 31.03.2016 11:05:54

That is how a lawyer has described the process for me.

And yes, the will will automatically be presented in the event of your death. That is the whole point of the notary's having a copy of it.
mh
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abrakadbabra
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Re: Process of writing a "will" in Denmark

Indlæg af abrakadbabra » 04.04.2016 13:12:27

Thank you, mh

abrakadbabra
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Re: Process of writing a "will" in Denmark

Indlæg af abrakadbabra » 08.04.2016 13:40:40

In Denmark, can a divorced woman claim anything from her ex husband's wealth and assets in event of his death, if

1) he did not write a will.
2) they have a minor child and child is with the woman

mh1
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Re: Process of writing a "will" in Denmark

Indlæg af mh1 » 08.04.2016 21:12:30

No. The inheritance right 'dies' already at the date of legal separation (which sometimes comes before the divorce), or at the date of divorce, if the divorce is immediate without the period of separation.

The child/children will be the sole heir(s) if the deceased dies intestate, without leaving a spouse.

Parents and siblings of the deceased do not have any inheritance rights, if there is a child.
mh
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abrakadbabra
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Re: Process of writing a "will" in Denmark

Indlæg af abrakadbabra » 09.04.2016 12:43:47

If husband wants that in event of his death an X amount of his wealth only should go to his child when child is 25 years of age and not before that. How this is done? can that amount stay in bank and in whose name? or a trustee has to be assigned?

mh1
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Re: Process of writing a "will" in Denmark

Indlæg af mh1 » 10.04.2016 14:39:14

Descendants: Children, grandchildren etc. inherit all if there is no will. ¼ of this portion is 'tvangsarv',indefeasible.

If there is a spouse AND children, the spouse inherits half/half. ¼ of the spouse's and ¼ of the child's/children's portion is indefeasible.

Testator can by will freely decide that the defeasible portion shall be held in trust until the heir reaches 25 years of age. It is not possible to bind it beyond 25 years of age. To hold the indefeasible portion in trust the testator must give a reason. To hold the defeasible part, testator does not have to give a reason.

If testator dies while the child is minor (under 18), its portion will be held in trust in a bank. The guardian of the child may invest the money, or give the bank power of attorney to make investments. Not any kind of investment, though, the law stipulates which are acceptable.

The guardian may spend the revenue of the portion on the child's needs (clothing, shelter, food), but not unlimited. If the guardian spends a total of the child's pension, public child support + revenues of more than 60.000 DKK/year, the guardian must keep regular accounts (book keeping), and send in accounts to the bank at the end of the year. If the guardian is not the surviving parent, book keeping is mandatory for all spendings.

If you want to bind the child's inheritance, you should consult a lawyer, as mistakes in drafting the will may result in an invalid clause.
mh
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abrakadbabra
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Re: Process of writing a "will" in Denmark

Indlæg af abrakadbabra » 12.04.2016 11:12:21

Thank you, mh.

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