The Memorandum of Wishes serves as a crucial supplementary document in Belgian estate planning, designed to work alongside legally binding instruments such as wills and trusts. While not legally binding itself, this document provides essential guidance to those responsible for executing the testator's wishes. It operates within Belgium's civil law system and must be considered in the context of Belgian inheritance laws, including recent reforms that have modernized succession rules. The Memorandum of Wishes typically includes detailed information about personal preferences, family circumstances, and specific instructions regarding asset distribution, care of dependents, and the handling of personal effects. It's particularly valuable in situations where flexibility is needed or where the testator wishes to provide more detailed explanations about their intentions than would be appropriate in a formal will.
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1. Personal Details: Full name, address, and date of birth of the person making the memorandum
2. Related Documents: Reference to the associated will, trust, or other legal documents this memorandum supplements
3. Purpose Statement: Clear statement explaining the non-binding nature of the document and its intention to provide guidance
4. Family Background: Overview of family members and important relationships to provide context for the wishes expressed
5. General Principles: Overall philosophy and values that should guide the trustees/executors in their decisions
6. Distribution Wishes: Detailed guidance on how assets should ideally be distributed or managed
7. Care Instructions: Specific wishes regarding the care and support of dependents or vulnerable beneficiaries
8. Personal Items: Guidance on the distribution of personal effects and items of sentimental value
9. Declaration: Confirmation that the memorandum represents current wishes and dated signature
1. Business Interests: Section for providing guidance on handling business assets or interests, if applicable
2. Charitable Intentions: Guidance on charitable giving or establishing charitable foundations, if desired
3. Digital Assets: Instructions regarding digital assets, online accounts, and digital legacy
4. Pets: Specific wishes regarding the care of pets and any financial provisions for them
5. Family Heirlooms: Detailed guidance on specific family heirlooms and their significance
6. Religious/Cultural Considerations: Specific wishes regarding religious or cultural practices to be respected
7. Letter to Beneficiaries: Personal messages or explanations to specific beneficiaries
8. Education Provisions: Guidance on education funding for children or grandchildren
1. Schedule A - Asset List: Detailed list of significant assets and preferred beneficiaries for each
2. Schedule B - Personal Items Inventory: Comprehensive list of personal items and intended recipients
3. Schedule C - Contact List: Important contacts including family members, advisors, and beneficiaries
4. Schedule D - Digital Asset Inventory: List of digital assets, accounts, and access information
5. Appendix 1 - Family Tree: Visual representation of family relationships for context
6. Appendix 2 - Letters to Beneficiaries: Collection of personal letters to individual beneficiaries
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