Best Estate Planning Lawyers in Herentals

About Estate Planning Law in Herentals, Belgium

Estate planning in Herentals, Belgium involves the legal processes and decisions surrounding the management and distribution of a person’s assets and affairs during their lifetime and after their death. Belgian estate planning law offers various tools, such as wills, donations, marital agreements, and trusts (private foundations and international alternatives), to help individuals specify how their assets should be handled. Estate planning can help reduce inheritance taxes, ensure your wishes are respected, and provide financial security for your loved ones.

Why You May Need a Lawyer

Many people turn to lawyers for estate planning for several important reasons. Common situations include:

• You own significant assets or property in Belgium or abroad.
• You have a complex family structure, such as children from multiple relationships or blended families.
• You wish to minimize inheritance tax risks or take advantage of tax exemptions.
• You want to draft a will or living will that complies with Belgian law and reflects your wishes.
• You seek to make lifetime gifts or donations to family members or charitable organizations.
• You want to create a structure for family businesses succession planning.
• You are concerned about family disputes or the validity of previous wills.

A lawyer can provide tailored advice, ensure legal documents are valid and up to date, and represent your interests with notaries and tax authorities.

Local Laws Overview

Estate planning in Herentals, like the rest of Belgium, operates under the Belgian Civil Code and other local regulations. Key aspects include:

• Forced heirship rules - Certain heirs (typically children and spouse) are entitled to a mandatory minimum share of your estate, known as the "reserve."
• Inheritance tax rates - Flanders has specific rates and exemptions for inheritance and gift taxes, which differ from Brussels and Wallonia. These can significantly affect your planning strategy.
• Wills - Belgian law recognizes handwritten (holographic), notarial, and international wills, but strict formalities must be observed for validity.
• Donations - You can make gifts during your lifetime, which may be subject to registration and gift tax. Timing and formalities affect how these are taxed upon your death.
• Succession planning for foreign assets - Belgian residents may be subject to Belgian succession law on their worldwide assets, but international treaties and EU regulations may apply.

Consulting a local lawyer ensures you stay compliant and aware of nuances specific to Herentals and the Flemish Region.

Frequently Asked Questions

What is the "forced heirship" rule in Belgium?

Forced heirship means certain close relatives (mainly children and sometimes the spouse) cannot be fully disinherited. A legal minimum share of your estate must go to these heirs regardless of your will’s contents.

Do I need a notary to make a will?

Not always. Handwritten wills are legally valid if properly drafted and signed. However, notarial wills provide extra security and are harder to contest. Complex situations or large estates often benefit from the advice and formalities offered by a notary or lawyer.

How are inheritance taxes calculated in Flanders?

Inheritance tax in Flanders is based on the value inherited and the relationship between the deceased and the heir. Spouses and children pay lower rates than more distant relatives or non-relatives. Specific rates and exemptions regularly change, so it is best to consult a local professional.

Can I make gifts during my lifetime to reduce inheritance tax?

Yes. Lifetime gifts can reduce inheritance taxes, especially if made at least three years before death and registered. There are specific rules on gift taxes for different assets, and some gifts may need to be registered with the tax administration.

What happens if I die without a will?

If you die intestate (without a valid will), Belgian law determines how your assets are divided among your closest relatives. The rules strictly prioritize spouses, children, and parents, then siblings and further relatives.

Can a foreigner living in Herentals make a Belgian will?

Yes. Foreign residents in Herentals can make a Belgian will. The applicable law for succession may be tailored via a choice of law, commonly through the EU Succession Regulation, but expert legal advice is recommended due to cross-border complexities.

Is a Belgian will valid abroad?

A Belgian will may be recognized abroad, but some countries require additional steps for execution of foreign wills. When you have assets in multiple countries, international estate planning is essential.

Can I exclude a child or spouse from my estate?

Generally, you cannot fully exclude a child or a spouse due to the forced heirship rules. However, you may have some flexibility over the portion of your estate not reserved by law.

What is the role of a notary in estate planning?

Notaries in Belgium play a key role in authenticating wills, registering gifts, managing estate administration, and ensuring legal compliance during succession. They are neutral officers of the law.

How often should I update my estate plan?

Review your estate plan after major life events, such as marriage, divorce, birth of a child, significant financial changes, or relocation. Belgian and regional laws can change, so periodic revisions with a lawyer are recommended.

Additional Resources

If you are seeking reliable information or support regarding estate planning in Herentals, consider the following resources:

• Federal Public Service Justice - Responsible for civil law matters and information on succession, wills, and donations.
• Vlaamse Belastingdienst (Flemish Tax Administration) - Provides guidelines on inheritance and gift taxes specific to Flanders.
• Local Notary Offices - Notaries are essential resources for estate planning advice, will validation, and inheritance procedures.
• Order of Flemish Bar Associations (Orde van Vlaamse Balies) - Offers directories of qualified lawyers in estate law throughout Flanders, including Herentals.

These organizations can help you find qualified professionals and provide up-to-date regulations and forms.

Next Steps

If you are considering estate planning in Herentals, Belgium, here is a step-by-step guide:

• Identify your assets, family situation, and main goals regarding inheritance or gifts.
• Consult with a qualified estate planning lawyer in Herentals or the greater Antwerp Province to discuss your options, detect potential legal or tax issues, and ensure your wishes are legally protected.
• Review and, if needed, revise your will, marital contracts, and other key documents to ensure they are up to date with Belgian law.
• Consider meeting with a notary to further formalize your plans, especially when notarized documents are required or beneficial.
• Inform your family or trusted individuals of your intentions and where your key documents are stored.
• Schedule periodic reviews to update your estate plan as your circumstances or the law change.

Proper legal guidance will offer peace of mind and help you safeguard your legacy for future generations.