A child's option rights

Under the statutory distribution a child can in certain cases have an option right (wilsrecht). That right concerns particular assets, not the whole estate as a second share of the estate. The cases are specific. You do not list them all and you do not tick them all because the child is a child. In the file you put an open question: which option right, if any applies at all. The answer comes from the notary, who tests which right fits, or whether none fits. Ervazo does not tick off the list.

An option right is not a money claim and not ownership of the house on the day of death. The money claim under the statutory distribution remains an entry of its own, if that distribution applies. The option right, if the notary identifies it, is a different rule about particular assets. You do not put those two on one pile. You do not already book the house in the child's name because there might be an option right. Might is no source. Until the notary has explained the right, only the question stands against the assets, without a tick for each conceivable right.

If the notary identifies one right, you note that one right, with the deed or the advice paper as the source, and the asset it concerns. You do not bring the other rights along because they stand in the same chapter of the statute. A child can have a right in the one file and not in the other. The facts of this death determine that question, not a template. Write the child's name against the question, so that it does not become a general tick for the whole circle. Other children do not automatically receive the same right in the same asset.

Leave the question open if the notary has not yet answered it. An empty field is more accurate here than every right ticked. Do not tick one out of habit. The child remains an heir, or a creditor of a claim, under the rules that are established, without your inventing option rights on top. Ervazo makes no deed and gives no advice about which entitlement fits.