Best Estate Planning Lawyers in Hasselt

About Estate Planning Law in Hasselt, Belgium

Estate planning in Hasselt sits within Belgian federal private law and Flemish regional tax law. The federal Civil Code governs who inherits your assets, the validity of wills, matrimonial property regimes, gifts, forced heirship rules, and succession procedures. Because Hasselt is in Flanders, Flemish inheritance and gift taxes apply, administered by the Flemish Tax Administration. Belgian law protects close family through forced heirship, so your freedom to leave assets in a will is limited by the reserved shares of descendants and certain rights of a surviving spouse or registered partner. Planning typically combines wills, gifts during lifetime, matrimonial and cohabitation arrangements, life insurance, and powers of attorney for incapacity. Notaries play a central role in estate planning, acting as public officers who draft and register deeds and guide families through inheritance declarations and tax filings.

Why You May Need a Lawyer

People in Hasselt often seek a lawyer for estate planning when they want to write or update a will, protect a spouse or partner in a blended family, organize gifts to children while keeping control over assets, reduce Flemish inheritance tax within legal limits, align a marriage contract or cohabitation agreement with their succession wishes, or put a plan in place for incapacity. Cross-border families with assets or heirs in different countries need advice on the EU Succession Regulation and choice-of-law clauses. Business owners look for succession solutions for family companies and shares. Disputes among heirs about the division of assets, valuation of gifts, or the rights of a surviving spouse require litigation or mediation experience. A lawyer coordinates with a notary, tax adviser, and sometimes a family mediator to implement a plan that is valid, tax efficient, and tailored to your family situation.

Local Laws Overview

Forced heirship and wills: Since the 2018 reform, descendants collectively have a reserved share equal to 50 percent of the estate. You can freely dispose of the other 50 percent, subject to the minimum usufruct rights of a surviving spouse or registered legal cohabitant. A surviving spouse has at least a reserved right of usufruct over the family home and its household contents, even if a will says otherwise. Wills can be handwritten by the testator, executed by a notary, or made as an international will. It is prudent to deposit a will with a Belgian notary for registration in the central wills register so it can be found after death.

Matrimonial and cohabitation regimes: The default Belgian marital regime is statutory community of acquests, but couples can sign a marriage contract to adopt separation of property or broader community, and they can include spouse-protective clauses. Legal cohabitation is available for partners who register at the municipality and has succession and tax consequences that differ from marriage and from purely factual cohabitation.

Gifts and clawback: Lifetime gifts are common in Belgium. For reserve protection, gifts are brought into account on death and can be reduced if they infringe reserved shares. Since 2018 the valuation for clawback generally uses the value at the date of the gift indexed to inflation, unless parties agreed otherwise in a valid inheritance agreement. Donations with reservation of usufruct are permitted but subject to anti-abuse tax rules if used to split ownership without paying appropriate taxes.

Inheritance tax in Flanders: Heirs who are spouses, registered legal cohabitants, or in direct line pay 3 percent on their share up to 50,000 euros, 9 percent from 50,000 to 250,000 euros, and 27 percent above 250,000 euros. Siblings pay 30 percent up to 75,000 euros, 55 percent from 75,000 to 125,000 euros, and 65 percent above 125,000 euros. Other beneficiaries pay 45 percent up to 75,000 euros, 55 percent from 75,000 to 125,000 euros, and 65 percent above 125,000 euros. The family home inherited by a surviving spouse or registered legal cohabitant is taxed at 0 percent. Specific reductions and exemptions may apply, including for family enterprises and vulnerable heirs, subject to conditions.

Gift tax in Flanders: Gifts of movable assets by notarial deed are subject to a flat 3 percent rate for gifts in the direct line and between spouses or registered legal cohabitants, and 7 percent for others. Gifts of real estate are taxed progressively, with rates ranging roughly from 3 percent to 27 percent in the direct line and between partners, and 10 percent to 40 percent for others depending on value brackets. Unregistered bank donations of movables are possible but are subject to Flemish inheritance tax if the donor dies within 4 years of the gift. Registering and paying gift tax removes that 4-year risk.

Filing deadlines and administration: In Flanders, the inheritance tax return is generally due within 4 months of death if the death occurred in Belgium, 5 months if the death occurred elsewhere in Europe, and 6 months if outside Europe. Late filing or late payment triggers interest and penalties. The Flemish Tax Administration processes returns and assessments. Notaries frequently coordinate the filing.

EU cross-border rules: The EU Succession Regulation usually applies the law of the deceaseds last habitual residence to the worldwide estate, unless a valid will chooses the law of the deceaseds nationality. This can substantially affect forced heirship, validity of gifts, and administration steps. Belgium also participates in EU regulations on matrimonial property regimes and registered partnerships for cross-border couples.

Incapacity planning: A lasting power of attorney for future protection can be signed and registered so a trusted person can manage assets if you become incapable. This is often combined with a living will for care preferences and tailored bank or business mandates.

Frequently Asked Questions

How much freedom do I have to disinherit my children in Belgium

Belgian law in all regions, including Hasselt, reserves 50 percent of your estate for your descendants collectively. You cannot freely dispose of that protected half. Within the remaining 50 percent, you can make legacies to a spouse, partner, charity, or others. If your will or gifts exceed what the law allows, your children can seek reduction so their reserve is restored.

What rights does my spouse or registered partner have if I die

A surviving spouse has at least a reserved right of usufruct over the family home and the household contents. Depending on your family composition and any will, the spouse may receive more, such as usufruct over other assets or full ownership of specific items. A registered legal cohabitant has rights that are weaker than a spouse but stronger than a purely factual cohabitant, including protection regarding the family home. Proper planning can enhance partner protection within the legal framework.

Do I need a notary to make a will

No, a handwritten will is valid if it is entirely written, dated, and signed by you. However, many people use a notary to draft an authentic will that reduces ambiguity, addresses complex family or tax issues, and is automatically registered in the central wills register so it is found after death. You can also deposit a handwritten will with a notary for registration.

What is an inheritance agreement and when is it useful

Since 2018, Belgium allows inheritance agreements, often called family pacts. These notarial deeds let family members, typically parents and children, agree in advance on how past and future gifts will be treated and ensure overall balance among children. They provide legal certainty about valuation and reduce future disputes, but they must meet strict formalities and include all affected parties.

How are bank donations and manual gifts treated for tax in Flanders

Movable assets can be gifted without a notary through a bank transfer or manual handover. If you do not register and pay Flemish gift tax, the gift becomes subject to Flemish inheritance tax if the donor dies within 4 years of the gift. If you register the gift and pay 3 percent or 7 percent gift tax as applicable, there is no 4-year risk. Keep proof of the gift and any gift letter for legal and tax purposes.

What are the deadlines for filing the inheritance tax return in Hasselt

In Flanders the return is due within 4 months of death for a death in Belgium, 5 months if the death occurred elsewhere in Europe, and 6 months if outside Europe. Extensions are limited and penalties apply for late filing or payment. The clock starts on the date of death. Notaries and lawyers can help gather asset information and file on time.

Can I keep control of assets if I gift them to my children

Yes, common tools include a donation with reservation of usufruct so you keep the right to use or receive income from the asset during your lifetime, and donations combined with management clauses or bank mandates. There are anti-abuse rules, especially for split purchases and certain financial constructions, so have a notary or lawyer structure these correctly and consider the tax impact.

How are life insurance policies treated on death

Life insurance is often used in Belgian estate planning. If a beneficiary clause pays out on death, the benefit is generally subject to inheritance tax in Flanders in the hands of the beneficiary, though exemptions or favorable rules may apply for certain contracts or family situations. Ownership, insured person, and beneficiary arrangements must be set up carefully to avoid unwanted taxation or reserve issues.

What happens if heirs disagree about dividing the estate

Heirs can choose amicable partition with the help of a notary or mediator. If agreement fails, the Family Court of the Court of First Instance in Limburg can appoint a notary to oversee a judicial partition. Disputes may involve valuation, the scope of the estate, gifts subject to clawback, or the surviving spouses rights. Early documentation and clear agreements reduce the risk of litigation.

I live in Hasselt but have property abroad. Which law applies to my estate

Under the EU Succession Regulation, the law of your last habitual residence generally applies to your worldwide estate, with possible exceptions, and you can choose the law of your nationality in a will. Real estate abroad will still be subject to local transfer formalities and taxes. Coordinated planning and a choice-of-law clause often improve certainty and reduce cross-border conflicts.

Additional Resources

The Flemish Tax Administration handles inheritance and gift taxes for residents of Hasselt and provides guidance, forms, and contact points for declarations and payments. Their regional offices and helpdesk can clarify filing requirements and deadlines.

The Royal Federation of Belgian Notaries maintains central registers for wills and lasting powers of attorney and can refer you to a local notary in Hasselt or the wider Limburg area. Notaries are essential for notarial wills, gifts by deed, inheritance agreements, and many real estate or company transfers.

The Limburg Chamber of Notaries and the local network of notarial offices in Hasselt provide practical appointments for estate planning and inheritance declarations.

The Bar Association of Limburg in Hasselt can refer you to lawyers experienced in estate planning, family property law, tax disputes with the Flemish Tax Administration, and inheritance litigation.

The Court of First Instance Limburg - Family Court has jurisdiction over inheritance disputes, judicial partitions, and certain protective proceedings in the Hasselt division.

The Federal Public Service Finance and the Registries of the Courts of First Instance provide services for acceptance under benefit of inventory, renunciation of inheritance, and specific registrations that may be required in succession procedures.

Next Steps

Map your situation by listing family members, marital or cohabitation status, previous gifts, businesses, life insurance, Belgian and foreign assets, and any special needs or vulnerable beneficiaries. Clarify your goals about fairness, control, and tax efficiency. Gather key documents such as marriage or cohabitation certificates, prior wills, gift deeds, company documents, property titles, and insurance policies.

Consult a notary in Hasselt to review your family structure, draw up or revise a will, consider a marriage contract or partner protection clauses, and assess whether gifts, life insurance, or an inheritance agreement fit your goals. Ask the notary to estimate Flemish inheritance and gift taxes and to register any instruments that require registration. Discuss registering a lasting power of attorney so trusted persons can manage your affairs in case of incapacity.

Engage a lawyer when your case involves complex taxation, cross-border elements, blended families, a family business, or potential disputes. A lawyer coordinates with the notary, prepares legal strategies for reserve protection or litigation avoidance, and represents you before the Flemish Tax Administration or the Family Court if needed.

Document decisions in proper legal form. For wills, ensure the correct form and consider notarial execution and registration. For gifts, use notarial deeds when required or advisable, pay the appropriate gift tax if you want to avoid the 4-year look-back, and keep clear records. For tax, file the inheritance return on time and arrange funds for payment. Review your plan after major life events such as marriage, divorce, birth of a child, purchase or sale of property, moving abroad, or changes in tax law.

If you are unsure where to start, schedule an initial information meeting with a notary or lawyer in Hasselt to obtain a tailored checklist and an action plan. Taking early, well-advised steps usually reduces taxes, prevents conflict, and protects the people you care about.