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Inheritance in Belgium

Inheritance in Belgium

Updated on Tuesday 08th December 2015

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Inheritance_in_Belgium.jpgBelgian law for passing properties 

 
According to the inheritance law in Belgium, properties can be passed on to heirs in one of two ways: either by observing the provisions of the legislation that establishes which family members are entitled to inherit the assets or by means of a will that will follow the specifications and wishes of the person that expressed it.
 
Our Belgian law firm specializes in inheritance issues and can help you solve matters like succession in Belgium and represent you in the eventuality in which a court order is issued to establish the inheritance.
 

Succession in Belgium

 
If a will has been drafted and notarized by the person who passed away, all the inheritance matters will be settled according to the specific provisions of the will. The assets and property in Belgium will be disposed of as expressed in the will.
 
In the absence of a will, the inheritance is distributed between the living relatives who have the following priority:
- if the individual was married with children: the spouse will inherit the right of beneficial ownership and the children will inherit the bare ownership;
- if the individual was unmarried but with children: the children share full ownership of the assets in equal shares and all other family members are excluded;
- if the individual was unmarried and had no children: his or her brothers and sisters are the first to inherit assets.
 
These situations are detailed in the Belgian Civil Code and our law firm in Belgium can offer you special information, according to the particularities of your case.
 

Inheritance tax in Belgium 

 
The inheritance tax in Belgium varies according to the region in which the deceased resided. In the Brussels region, the spouse and direct descendants have a tax-free allowance of 15,000 euros each. In the Flemish region, immovable and movable assets are taxed at progressive rates. In the Walloon region the spouse and direct descendants have a tax-free allowance of 12,500 euros each. You can contact our attorneys in Belgium for detailed information about the tax base and tax rate applicable for inheritance.
 
Our Belgian law firm offers numerous legal services and we can help you with numerous issues regarding individuals and businesses in Belgium. Please do not hesitate to contact one of our Belgian lawyers to find out more about any pressing legal issue.
 
 

Comments

  • Rose-marie Thornton 2015-04-16

    I have a sister-in law that past away a year ago don't know if she had a will or the name of attorney she lived in Binche Belgium just want to know what went with her things & house one way or the other that is all

    Hello Rose -Marie and thank you for writing to us. We do not understand exactly what we can do to help you but please feel free to write us on office@lawyersbelgium.com for personalized consultancy.

  • Michael Acovski 2015-05-08

    my fiancé late father has left her some inheritance, but has put the uncle in trust do to the fact she was young at that time, now she is 35 and want her trust back, her lawyer has already filled the papers for change of the inheritance, with the high court, how much will it cost for the name change, money wise pls I love to know this , thank you Michael Acovski

    Hello  Michael Acovski. Thank you for your comment and we will reply in private.

  • Suz 2015-05-10

    Hello am an African who was married to a Belgian for 6years before he passed away although i didn't get full access to Belgium before my late husband died due to visa problem.Am not in good relationship with his family as he has got 2kids that i know of.I will like to know if am entitled to any benefit as am not a European? If there is a will that is not in my favor will i benefit? If there is no will am i also entitled to anything.Also if should in case am entitled to anything how do i receive it as am not in Belgium.Please enlighten me.Thank you.

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