Inheritance in Belgium
Inheritance in BelgiumUpdated on Tuesday 08th December 2015
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Belgian 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.