A notary ensures that agreements in legal transactions are orderly arranged and reliably executed.
You need to bring a valid identification document (passport/driver’s license/ID card)
A will is a notarial deed in which you specify who your heirs are and what they will receive after your passing. It also allows for inclusion of future situations, such as having children or if your partner remarries after your demise, or disinheriting legal heirs. In the will, you appoint an executor to handle your estate settlement.
In a will, you can outline various provisions regarding death. A codicil allows you to leave only household goods and jewelry to specific individuals. A codicil can be self-drafted, provided it’s handwritten, dated, and signed, while a will is recorded in a notarial deed.
Yes, you can. A disinherited child is not an heir in the estate and does not share in the assets. However, a child has the right to a so-called statutory portion. This statutory portion is a monetary sum to which a child is entitled, regardless of the will.
In a will, you can include provisions that improve your partner’s financial position, especially in relation to your children. This could ensure your partner can continue living in the house or that your child inherits only after your partner’s passing.
If you’re married or in a registered partnership, your partner automatically inherits from your estate. However, without a will, the distribution of your estate follows legal rules, which might not always be favorable for your partner from a tax perspective. With a “two-step will,” you can appoint your partner as the sole heir and stipulate that your children inherit thereafter. Your partner has complete discretion over your estate, such as selling the house or spending the money. However, your partner must inform the children about these actions. In your will, include a provision stating that your children will only inherit after the passing of your partner. This arrangement allows your partner to benefit from a high tax-free threshold, and the children pay tax on the remaining part of the inheritance.
Would you like your partner to continue living in the house undisturbed after your passing, while ensuring the ultimate transfer of the property to your children or someone else? In your will, you can establish a ‘usufruct.’ This grants ownership of the house to your children. Meanwhile, your partner has the right to use the inheritance within reasonable boundaries. You have the authority to determine when the usufruct ends, for instance, if your partner remarries, moves to a care home, or passes away.
If there is no will, your children won’t receive items from your estate after your passing. They will inherit only after your partner’s death. Are there step-parents involved (due to your remarriage or your partner’s remarriage after your passing)? In such cases, your children can claim items earlier by invoking their testamentary rights. These rights are meant to secure certain estate items and prevent family possessions from disappearing through a step-parent. However, these rights can be challenging for the surviving partner. In your will, you can therefore revoke or limit the testamentary rights of your children.
Children who have been disinherited still hold the right to a portion of your estate, known as their ‘reserved portion.’ With a non-claimability clause, you establish that the disinherited child will receive their reserved portion only after the passing of your partner. If the will does not specify non-claimability, the disinherited child can claim their reserved portion immediately after your passing.
Suppose your partner remarries after your passing and subsequently divorces or passes away. In this case, the new partner of your former partner may receive a share of your estate if they agree to share everything in marital property agreements. This scenario can be avoided with a provision in your will, known as an ‘exclusion clause.’
If you do not wish for your spouse or registered partner to inherit from your estate, you can disinherit them in your will. Even after being disinherited, your partner still retains certain rights. For instance, the right to continue residing in the house, even if it’s not in their name. Additionally, if your partner has no income, they may claim funds from your estate for daily living expenses.
According to the legal division, children do not receive any belongings from your estate after your death. They receive their share only after the passing of your partner. If you wish to arrange something different for your children, then you create a will. Here are a few common provisions:
If you’ve given one of your children a gift, for example, for their education or buying a house, you can specify in your will that one child receives more than the other. This way, you can equalize the gift and provide your children with an overall equal share.
If you want a specific item to go directly to a child upon your passing, you can arrange it in your will as a bequest.
If you have children from a previous marriage and have remarried, you can protect your children’s inheritance by granting your new partner ‘usufruct rights.’ You specify in your will when these rights end, such as if your partner remarries, moves to assisted living, or passes away. Then, your estate passes to the children.
You can also stipulate in your will that your children receive their inheritance if your partner (stepfather or stepmother of your children) remarries after your death. At that point, children can also invoke their rights if they want specific belongings.
Suppose your partner remarries after your death and later divorces or passes away. In that case, the new relationship of your partner might receive a portion of your estate if they agree to share everything in prenuptial terms. You can prevent this with a clause in your will, known as an ‘exclusion clause.’ Similarly, you can prevent your child’s (potential) partner from receiving a part of your inheritance.
Without a will, stepchildren are not your heirs. If you wish for your stepchildren to receive an equal share as your biological children, you need to name them as beneficiaries in your will. You can also specify in your will that they will share according to legal division rules. Your stepchildren will have the right to the same portion as your biological children. You can name them as heirs for a smaller or larger share than your biological children.
Under the law, your grandchildren do not inherit from you while their parent(s) are still alive. In a will, you can specify that they inherit something as well. You can set conditions, such as using it for their education. If they are minors, you can define when they receive their inheritance. You can appoint a guardian who manages their inheritance until the defined time.
Through a guardianship clause in your will, you nominate someone to care for and raise your minor children if you and the other parent have passed away. The guardian also manages the wealth you leave to your children. You can also arrange a guardianship through the court.
Perhaps your child is still young, and you do not want the other parent, ex-partner, or guardian to manage their wealth. Or your adult child may have issues, such as a mental disability, or might not handle money well. In that case, you can appoint a custodian who manages the inheritance for your beneficiary. In your will, you determine the duration of the custodianship and the conditions under which it ends.
Parents have the right to interest income from their minor children. If you do not want your ex-partner to receive income from your estate for the children, you can exclude parental enjoyment in your will. This way, the interest and other revenues from your estate go to your children.
Disinheriting or excluding a child from the inheritance is arranged through a will. However, an excluded child still has the right to their ‘legitimate portion’ according to the law. The legitimate portion is an amount of money equal to half of the value of the inheritance the child would have received according to the law. The legitimate portion only entitles the child to money, not belongings. Your child has 5 years after your death to claim their legitimate portion. If they do not do so within 5 years, they forfeit their share of the inheritance.
An NV is a company in Surinamese law with a divided capital into shares, where each shareholder participates with one or more shares. Shareholders are not personally liable for the company’s actions, and the NV itself is a legal entity responsible for its own actions.
The NV is managed by a board appointed at its establishment. The board consists of one or more directors appointed and dismissed by the General Meeting of Shareholders.
A Naamloze Vennootschap (NV) is incorporated by means of a notarial deed and requires at least one natural person or legal entity as its founder.
A Stichting is a legal entity created by an individual through a notarial deed. It operates independently in legal matters and must have the word “stichting” in its name.
The founding deed of a Stichting must contain its statutes. The Stichting cannot distribute profits to founders or directors unless it serves an ideal or social purpose.
A Maatschap is a cooperation agreement between two or more individuals aiming to combine resources for mutual benefit. It typically involves professional activities rather than running a business.
Profit-sharing and responsibilities among partners are determined by the agreements made among them. In the absence of specific agreements, the law applies, and partners have no influence on each other.
A Vereniging is a cooperative form where founders (minimum two persons) have a specific goal in mind.
A Vereniging established without a notarial deed cannot acquire real estate or act as an heir. In contrast, a Vereniging established with a notarial deed must register in the Chamber of Commerce, and the responsible board members’ details need to be deposited.
VOF is a partnership for conducting business under a shared name where all partners are personally liable for the partnership’s debts. CV involves active and silent partners, where silent partners are not liable with their private assets.
VOF or CV can be established via either an underhand or notarial deed and do not possess legal personality.
The documents required for property transfer include proof of ownership (transport deed), original plot map, extracts & nationality declarations, the seller’s family register, and a valuation report (not older than a year).
Usually, the buyer or acquirer covers the costs of the transfer deed, partitioning, and additional expenses, unless otherwise agreed upon between the parties.
A mortgage is a security right established to ensure the payment of a debt. It’s placed on immovable property. If the debtor fails to meet payment obligations, the mortgage holder can execute a public auction of the property to collect the owed amount.
The two main types are:
Feel free to refine or add more specific questions tailored to your audience’s potential inquiries or any particular focus areas you want to emphasize in your FAQ section.
Couples can establish rights and obligations through:
Yes, although it’s more complex after marriage. Creating or modifying prenuptial agreements post-marriage requires court approval if community property already exists. It involves more time and possibly expenses.
After divorce, especially in cases of community property, ex-spouses need to visit a notary to divide shared assets and debts. Real estate can be allocated to one ex-spouse, with options for buyouts or gifting the other’s share. Alternatively, they might jointly decide to sell or gift the property to a third party.
Alongside assets and claims, considerations must include handling liabilities and debts, such as existing mortgages or other financial obligations.
Mr. G.H.B. Blom | Mr.M.A.P. Kanhai