Real Estate

Wills, prenuptial agreements and powers of attorney

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Wills, prenuptial agreements and powers of attorney
Real Estate

Wills, prenuptial agreements and powers of attorney

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»
»
Wills, prenuptial agreements and powers of attorney

Staying on top of things helps you sleep at night

At Kielberg Advokater, you can have both a will and a prenuptial agreement professionally drawn up. There can be many good reasons to have the papers in order with a professionally prepared will and a prenuptial agreement that regulates finances and inheritance between future spouses and between heirs.

We take pride in finding the right solution and asset arrangement, just the way a future married couple wants it. With a prenuptial agreement in hand, you can set aside part of your assets as separate property and thereby secure both yourself and your spouse financially in the event of divorce or death. At the same time, we attach great importance to ensuring that our clients get exactly the will that meets the testator’s wishes and, as far as possible, avoids conflicts between the heirs when death occurs.

Sparring with lawyers and accountants when transferring a business

If, in connection with the drafting of a will or prenuptial agreement, there are also businesses to be transferred or inherited, we are particularly competent advisors for you and sparring partners for the company’s lawyer and accountant. Our private client department is a specialized unit that advises clients in this intersection between private law and commercial law. This guarantees a process in which the many different considerations of the transfer are taken into account and the legal aspects are fully safeguarded.

Due diligence gives peace of mind

Finally, we can also help you create a power of attorney for the future, where you can future-proof your personal and financial affairs in the event of illness (e.g. following an accident or dementia), impaired mental function/health or similar in the future. It is important to have the document drawn up while you are still competent and can understand the meaning of the content, as this is a condition for its creation.

When a principal creates a power of attorney for the future, he or she appoints one or more future representatives, so-called proxies, who can take care of the principal’s financial and personal affairs if he or she is unable to do so in the future.

The future power of attorney must be registered in writing in the future power of attorney registration system, where the document must be signed with NemID / MitID – and then approved by a notary in the probate court. At Kielberg Advokater, we assist with both the creation and registration of the future power of attorney – and we guide you through the entire process, including the signing with NemID / MitID and the appointment with the probate court. If the principal is exempt from using NemID / MitID, it is possible to create a paper-based power of attorney, which Kielberg Advokater is also happy to assist with.

As long as the principal is able to manage their own affairs, the future power of attorney has no effect. The future power of attorney is inactive and “rests” in the future power of attorney register until the principal or the proxy holder(s) requests its revocation due to illness or similar. The revocation requires, among other things, a medical certificate.

A future power of attorney is a good alternative to guardianship under the Guardianship Act. Among other things, there is a much greater degree of self-determination with a power of attorney for the future. In addition, a power of attorney for the future ensures that relatives do not have to take an unpleasant initiative for guardianship with the authorities.

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