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Estate planning in Beersel follows Belgian civil law and the regional rules that apply in Flanders. Key features include mandatory reserved portions for close heirs, formal requirements for valid wills, and the central role of notaries in drafting and settling successions. Beersel is a Dutch-speaking municipality in the Flemish Region, so local administrative procedures and documents are generally handled in Dutch. If you have assets or relatives abroad, European rules on cross-border succession can also affect which law applies and how your estate is administered.
You should consider hiring an estate planning lawyer when your situation is anything other than straightforward. Common reasons include:
- You have a blended family, children from prior relationships, or want to change the default inheritance order.
- You own a business, shares, or complex assets that require special transfer or continuity planning.
- You have property or bank accounts in other countries and need cross-border coordination.
- You want to reduce or manage inheritance tax exposure within legal limits and regional rules.
- You need to draft or review marriage contracts, prenuptial agreements, powers of attorney, or advance healthcare directives.
- You anticipate disputes between heirs and want to reduce the risk of litigation by preparing clear documents.
These are the local legal aspects most relevant to estate planning in Beersel and the Flemish Region:
- Reserved portion and forced heirship: Belgian law guarantees certain heirs a reserved portion of the estate. You cannot completely disinherit protected heirs, typically children and in many cases the surviving spouse. Any testamentary dispositions must respect these reserved shares or may be partly invalid.
- Types of wills: Belgium recognises holographic wills (handwritten, dated, signed), notarial wills (drawn up by a notary), and secret wills. Notarial wills provide greater legal certainty and are easier to locate at the time of death.
- Notary central role: Notaries handle many succession formalities, prepare notarial wills, draw up the deed of succession, and file required tax declarations. Notarial involvement is common for clear title transfers and to obtain the necessary successor documents.
- Inheritance tax - regional competence: Inheritance tax rules and rates are set by the regional authorities. Beersel is in Flanders, so Flemish inheritance tax rules apply. Rates and allowances depend on the relationship between the deceased and the heir, and on the size and composition of the estate. Exact calculation can be technical and change over time.
- Matrimonial property regimes: The marital property regime you chose at marriage - community, separation of property, or a specific contract - affects which assets pass on and how. A marriage contract should be filed with a notary and will be important at settlement.
- Usufruct and life interest: Belgian practice commonly grants surviving spouses usufruct or life interest in property rather than full ownership, to protect spouses while preserving capital for children.
- Cross-border succession: The EU Succession Regulation allows a person to choose the law of their nationality to govern their succession, but absent a valid choice the law of the country of residence may apply. Cross-border assets therefore require coordinated planning.
While you are not required by law to have a will, making one gives you control over who receives your assets and can reduce ambiguity and family disputes. A properly drafted will is especially important if you want to depart from the default rules of intestacy or to protect non-family beneficiaries, pets, charities, or specific property.
Belgium recognises three main types of wills: holographic wills that are handwritten, dated and signed by the testator; notarial wills prepared by a notary in the presence of witnesses or the notary; and secret wills which are placed in sealed form with a notary. Notarial wills are easiest to locate and enforce, and a notary can advise on compliance with reserved portion rules.
Belgian law provides protected or reserved shares for certain close heirs, most notably children and in many cases the surviving spouse. You cannot fully disinherit those heirs who are entitled to a reserved portion. A lawyer or notary can explain the exact limits and help structure arrangements consistent with the law.
Inheritance tax in Beersel is governed by Flemish regional rules. Rates depend on the relationship between the deceased and the heir, and on the value and type of assets. Because regional rules change and calculations can be complex, a notary or tax specialist should calculate the tax and explain available allowances and possible planning options.
Administrating a Belgian estate commonly involves a notary who prepares the deed of succession, lists assets and liabilities, and files tax declarations. Heirs may appoint an executor in a will, or the notary will coordinate distribution where there is no executor. For estates involving only bank accounts and minor assets, procedures can be simpler but still require formalities for transfers.
Bring identity documents, your marriage certificate and any marriage contract, birth certificates of children, existing wills, property deeds, recent bank statements, life insurance policies, pension information, company documentation if you are a business owner, and a list of key contacts. Clear documentation helps the adviser provide accurate guidance and estimates for taxes and fees.
If you own property, bank accounts, or investments outside Belgium, those assets may be subject to foreign succession rules. The EU Succession Regulation provides tools to choose applicable law in some cases, but cross-border planning often requires coordination among lawyers or notaries in relevant countries to avoid double taxation and ensure smooth transfers.
Notaries in Belgium play a central role in drafting wills, registering certain documents, and handling probate. Lawyers are helpful for litigation, complex tax planning, cross-border issues, and negotiating family agreements. Many people use both: a notary for formal deeds and a lawyer for tax or dispute planning and complex structures.
Yes. You can arrange powers of attorney, mandates for after your death, or advance healthcare directives to name trusted persons to make financial or medical decisions on your behalf if you become unable to act. The exact formalities differ by document type, and using a notary or lawyer ensures they are valid and enforced.
Settlement time varies widely. Simple estates with clear wills and no tax complexity may be settled in a few months. Estates with property, businesses, foreign assets, or disputes can take a year or longer. Tax assessments, property transfers, and the sale of assets are common sources of delay. Early planning and professional help can reduce delays.
These organizations and resources can be helpful when seeking estate planning advice in Beersel:
- Local notary offices - notaries provide will drafting, succession deeds, and legal custody of key documents.
- Federation of Belgian Notaries (Fednot) - for finding a qualified notary and general notarial guidance.
- The Flemish tax authorities - for up-to-date information on inheritance tax rules in Flanders.
- Federal Public Service Justice - for information on Belgian succession law and formalities.
- Belgian Bar associations - for lists of qualified lawyers and specialty practices for tax and cross-border estate work.
- European e-Justice Portal - for information on cross-border succession and the EU Succession Regulation.
- Beersel municipality office - for local administrative procedures, language requirements, and where to register certain documents locally.
If you need legal assistance with estate planning in Beersel, consider the following practical steps:
- Take stock of your assets and liabilities and prepare the key documents listed above.
- Decide whether you need primarily a notary, a lawyer, or both. For most standard wills and succession formalities a notary is the usual choice. For tax planning, business succession, or disputes hire a lawyer with relevant experience.
- Arrange an initial consultation. Ask about the adviser’s experience with Flemish inheritance tax, reserved portion issues, and cross-border matters if relevant.
- Clarify fees and timelines up front. Notary and lawyer fees follow formal scales or agreements, so request a fee estimate for drafting a will, preparing a marriage contract, or handling a succession.
- Draft or update your will and related documents. Keep originals with your notary or in a secure place and ensure your chosen executors or proxies know where to find them.
- Review your plan periodically or after major life events such as marriage, divorce, birth of children, property purchases, or moves abroad.
If you want, provide a brief description of your situation and I can suggest the specific documents and questions to raise at your first meeting with a notary or lawyer.
