The will is a unilateral legal act which, subject to certain legal restrictions (especially regarding legal heirs), enables you to divide your estate among the individuals or legal entities of your choice. Here is a quick overview of wills under Luxembourg law.
If there is no will, the estate is divided according to legal provisions. Depending on your marital status, particularly in the case of a civil partnership, this document can be very important in ensuring that your partner gets a share of your estate.
Any individual can make a will, provided that:
The will is a formal act which must be made in writing to be valid. There are three kinds of will.
An authentic will must be:
A holographic will must be:
Finally, there is the mystic will, or secret will.
While holographic wills are the easiest and cheapest to make, having a notary draft an authentic will has the advantage of precluding any formal or substantive flaws that could invalidate your last wishes.
Whichever solution you choose, you can always change or revoke your will in accordance with statutory provisions. NB: an authentic will may only be revoked by a new authentic will.
Useful tip
Be sure not to store your will in your safe deposit box with your bank, as it will be inaccessible while the box is sealed. Moreover, following the inventory of the safe deposit box and the discovery of the will, the notary must put the entire contents of the safe deposit box, including the will, back inside, at which point the box will be sealed again. This means that only the notary will be able to read the will.
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