Best Estate Planning Lawyers in Hasselt

About Estate Planning Law in Hasselt, Belgium

Estate planning in Hasselt is governed by Belgian civil law for family and succession rules and by Flemish regional tax law for inheritance and gift taxes. Hasselt is in the Flemish Region, so the Flemish Tax Administration applies its own inheritance tax and gift tax rules. Core topics include wills, gifts and donations, matrimonial and cohabitation regimes, forced heirship for children and the surviving spouse, inheritance and gift tax planning, incapacity planning through a future mandate, and the orderly transfer of family businesses. Notaries play a central role in drafting and formalizing deeds such as wills, gifts of real estate, inheritance agreements, and deeds of partition, while lawyers advise on strategy, negotiate settlements, and represent clients in disputes before the Family Court of the Court of First Instance of Limburg.

Why You May Need a Lawyer

You may need a lawyer for blended family situations where you want to provide for a new partner while protecting children from a previous relationship, for cross-border estates if you live in Hasselt but have nationality, assets, or heirs abroad, for business succession when transferring a family company or self-employed activity to the next generation, for lifetime gifts with conditions such as usufruct or return clauses, for disputes among heirs about the validity of a will, valuation of assets, or collation of gifts, for choosing or changing a matrimonial or cohabitation property regime, for incapacity planning through a future mandate and living will, for optimizing inheritance and gift taxes under Flemish rules, for real estate in multiple regions of Belgium where registration and tax effects differ, and for urgent actions after a death such as obtaining a certificate of inheritance, securing assets, and meeting strict filing and payment deadlines.

Local Laws Overview

Forced heirship and reserved shares: Belgian law protects close family members. Descendants collectively have a reserved share equal to half of the estate. Within that framework, you are free to dispose of the other half. The long-term spouse has a reserved right of usufruct, at minimum over the family home and household effects and generally over half of the estate. Legal cohabitants are protected for the family home and household effects but do not have the same broad reserved share as a spouse. You can plan within these constraints using wills, gifts, and agreements, but you cannot deprive forced heirs of their reserve without their valid consent.

Matrimonial and cohabitation regimes: Your property regime strongly influences what forms your estate at death. Married couples may choose separation of property, community of acquisitions, or a tailored contract. Legal cohabitants have a limited statutory protection, and de facto cohabitants must plan expressly. Reviewing your marriage contract or cohabitation agreement is a key first step in any estate plan.

Wills and their forms: Belgium recognizes holographic wills written, dated, and signed entirely by hand, authentic notarial wills executed before a notary, and international wills under the Washington Convention. Registration of the existence of a will in the Central Register of Wills is standard for notarial wills and recommended for holographic wills held in notarial custody, which helps ensure the will is found when needed.

Gifts and donations: Gifts of real estate must be passed by notarial deed and registered. Gifts of movable assets can be made manually or by bank transfer and may be registered. If a donor dies within the Flemish 4-year look-back period after an unregistered manual or bank gift, the gift will be added back and taxed as part of the estate. Registration of a gift of movables triggers flat gift tax but ends the look-back risk. Common planning tools include gifts with reservation of usufruct, conditions, and return clauses that bring assets back if a child predeceases the donor.

Inheritance and gift taxes in Flanders: Inheritance tax rates depend on the relationship between the deceased and the beneficiary. Group 1 spouse, legal cohabitant, children, and further lineal heirs is taxed at progressive rates of 3 percent up to EUR 50,000 per heir, 9 percent from EUR 50,000.01 to EUR 250,000, and 27 percent above EUR 250,000. Group 2 siblings is 30 percent up to EUR 75,000 and 55 percent above EUR 75,000. Group 3 all others is 45 percent up to EUR 75,000 and 55 percent above EUR 75,000. The share of the family home inherited by the spouse or legal cohabitant is generally exempt from Flemish inheritance tax. The vriendenerfenis allows you to designate up to EUR 15,000 in a will to one or more friends or more distant relatives to be taxed at 3 percent rather than the higher rate. Gift tax on movable assets is typically 3 percent in straight line and between partners and 7 percent for others, while gifts of real estate are taxed at progressive regional rates. Always confirm current rates with the Flemish Tax Administration because thresholds and incentives can change.

Deadlines and filings: The inheritance tax return aangifte van nalatenschap must generally be filed within 4 months of death if the death occurred in Belgium, within 5 months if death occurred elsewhere in the European Union, and within 6 months if outside the European Union. Payment is due by the same deadlines. Interest and penalties apply if deadlines are missed. A certificate of inheritance or a notarial deed of heirs is used to release bank accounts and transfer certain assets.

Inheritance agreements: Since 2018, family members can enter into an inheritance agreement erfovereenkomst before a notary. This can be a global family pact that balances past gifts among children or a punctual agreement about a specific gift. These agreements increase predictability and reduce disputes but must follow strict formalities.

EU cross-border rules: The EU Succession Regulation generally applies the law of the deceaseds habitual residence to the worldwide estate unless the deceased opted in a will for the law of their nationality. This choice of law is a powerful tool for expatriates in Hasselt and for Belgians with homes abroad. Taxation remains governed by the relevant states tax rules, so parallel tax analysis is needed.

Business succession and charities: Flanders offers favorable regimes for transfers of qualifying family businesses and shares, including potential 0 percent gift or inheritance tax if strict economic activity, employment, and holding period conditions are met. Belgium also allows gifts and bequests to recognized public benefit organizations with reduced or zero tax in certain cases.

Incapacity planning: A future mandate zorgvolmacht lets you appoint one or more attorneys-in-fact to manage your assets and personal affairs if you become incapacitated. You can also make advance patient directives and end-of-life statements. Registration and notarial form are recommended to ensure acceptance by banks and authorities.

Language and formalities in Hasselt: Notarial deeds in Flanders are drawn up in Dutch. If you are not comfortable in Dutch, request translation and interpretation so you fully understand your documents.

Frequently Asked Questions

What documents are typically included in an estate plan in Hasselt

Most people benefit from a combination of a will, a future mandate for incapacity, beneficiary designations for life insurance and pensions, a marriage contract or cohabitation agreement aligned with the plan, and where appropriate lifetime gift deeds. Business owners may also need shareholder agreements or family charters to keep governance and ownership aligned with the succession plan.

Is a handwritten holographic will valid in Belgium

Yes, a handwritten will that you write, date, and sign entirely by hand is valid. However, it is safer to deposit it with a notary so its existence can be registered in the Central Register of Wills. Complex plans, constrained heirship cases, or cross-border estates are best handled with a notarial will to avoid interpretation issues.

How does forced heirship limit my freedom to distribute assets

Descendants collectively are entitled to half of your estate as a reserve. You can allocate the other half freely. The surviving spouse has a reserve of usufruct, at least over the family home and household effects. If you try to give or bequeath more than allowed, forced heirs can claim reduction to restore their reserved rights. In some families, an inheritance agreement can secure a tailor-made solution within the law.

What happens to the family home for the surviving partner in Flanders

The spouse or legal cohabitant typically enjoys strong protection. In Flanders, the share of the family home inherited by the spouse or legal cohabitant is generally exempt from inheritance tax. Civil law rights also protect the spouses or legal cohabitants occupancy through usufruct or statutory protections, depending on the relationship status and documents in place.

What is the Flemish 4-year rule on gifts

If you make an unregistered manual or bank gift of movable property and die within 4 years, Flanders will tax that gift as part of your estate. Registering the gift triggers gift tax at the time of the gift but avoids the 4-year look-back. Gifts of real estate are always by notarial deed and registered immediately.

Do legal cohabitants have the same inheritance rights as spouses

No. Legal cohabitants have important protections for the family home and household effects, but they do not have the same broad reserved rights as spouses. Their tax treatment for inheritance of the family home is similar in Flanders, but civil rights differ. If you are legally cohabiting or de facto cohabiting, make a will and consider complementary planning to protect each other.

Can I reduce inheritance tax legally

Yes, common methods include making registered gifts of movables at low flat rates, using gifts with reservation of usufruct to keep income, using the vriendenerfenis to benefit friends at a reduced rate, structuring the allocation of assets among heirs to use lower brackets per beneficiary, and transferring qualifying family businesses under the favorable Flemish regimes. Each method has technical conditions and anti-abuse rules, so seek tailored advice.

How are cross-border estates handled if I have assets or heirs outside Belgium

The EU Succession Regulation points to one applicable law, usually the law of your habitual residence, unless you choose your national law in your will. Assets can still be taxed in multiple countries, so you need coordinated civil law and tax planning. Use clear wills, keep asset registers, and align beneficiary designations to avoid conflicts between systems.

What are the deadlines and first steps after a death in Hasselt

Obtain the death certificate from the civil registry, inform the notary or banks, and secure the assets. Determine who the heirs are and whether a will exists. The inheritance tax return is due within 4 months for deaths in Belgium, 5 months in another EU country, or 6 months outside the EU. Payment is due by the same deadline. A notary can issue a deed of heirs or help obtain a certificate of inheritance if the situation is straightforward.

What is an inheritance agreement and when should I consider one

An inheritance agreement erfovereenkomst is a notarial contract among family members that establishes balance and clarity regarding past and future gifts and the distribution of an estate. It is useful for families with unequal lifetime advances to children, for entrepreneurs who transfer the business to one child with compensation to others, and for blended families seeking stability. Formalities are strict, and full disclosure and independent advice are recommended.

Additional Resources

Vlaamse Belastingdienst the Flemish Tax Administration for inheritance and gift taxes, rates, exemptions, deadlines, and forms.

Koninklijke Federatie van het Belgisch Notariaat Fednot and Notaris.be for information on wills, gifts, future mandates, and finding a notary in Hasselt or Limburg.

Central Register of Wills to ensure the existence of your will is recorded and locatable.

Federal Public Service Finance Succession and Registration for certificates of inheritance and general federal tax procedures.

Court of First Instance of Limburg Family Court for inheritance disputes, partitions, and protective measures.

City of Hasselt Civil Registry for death certificates and related civil status records needed in estate files.

Flemish Government information services for regional rules on inheritance and gift taxation and business transfer incentives.

Professional bodies of accountants and tax advisers for valuations, business succession, and compliance support.

Next Steps

Clarify your goals. Decide who should benefit, who should manage assets if you cannot, and how to provide fairly for a partner and children. Consider special situations such as a family member with disabilities or a family business that needs continuity.

Gather key information. List your assets and liabilities, identify beneficiaries and their circumstances, collect marriage or cohabitation agreements, prior gift deeds and amounts, life insurance policies, pension statements, and property documents.

Consult local professionals. A notary in Hasselt can draft wills, gifts, future mandates, and deeds of partition and can mediate family agreements. A lawyer specializing in estate planning and inheritance disputes can advise strategically, stress test plans against forced heirship and tax outcomes, and represent you in negotiations or court if needed. For entrepreneurs, involve your accountant and corporate adviser early.

Choose the right instruments. Depending on your situation, consider a notarial will, registered gifts of movables, gifts of real estate with usufruct, an inheritance agreement, a future mandate, and beneficiary designations that align with your will and civil law rules.

Mind deadlines. After a death, observe the Flemish filing and payment deadlines for inheritance tax and take timely steps to secure and value the estate. For lifetime planning, account for the 4-year look-back on unregistered gifts.

Confirm taxes and rates. Verify current Flemish inheritance and gift tax rates and exemptions before executing deeds. Small changes in structure or allocation among heirs can materially affect tax.

Document and review. Keep signed originals safe, ensure your will is registered in the Central Register of Wills, and review your plan after major life events or legal changes. Regular checkups help keep your plan effective and dispute resistant.