Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Estate planning in Maaseik, Belgium involves arranging how your assets, obligations and care wishes will be handled during your lifetime and after your death. Belgium has a well-developed legal framework that combines national civil law rules with regional tax rules. In practice, most estate planning and estate administration work is done through notaries and lawyers. Maaseik is in the province of Limburg in the Flemish Region, so regional inheritance tax rules for Flanders will usually apply. Common estate planning instruments in Belgium include wills, gifts during life, marriage contracts, life-insurance arrangements and the use of trusts or companies in certain cases.
You may need a lawyer or a notary when you want clear legal advice, to reduce future disputes between heirs, to manage tax exposure, or to deal with cross-border complications. Typical situations where legal help is important include:
- You want to draft a valid will that reflects your wishes and respects Belgian forced-heirship rules.
- You have children from different relationships and want to ensure a fair division of your estate.
- You own property in more than one country or you are a foreign national living in Belgium - cross-border inheritance rules may apply.
- You want to make lifetime gifts or set up a marriage contract to protect assets for a spouse or children.
- You are a beneficiary or executor and need help with the formalities of administering an estate, including tax declarations.
- You want to structure life-insurance or business succession planning for a family company or professional practice.
Below are key legal aspects that are particularly relevant to estate planning in Maaseik and the wider Flemish Region.
- Reserved portion or forced heirship: Belgian civil law protects certain close relatives - primarily children and, to a different extent, spouses - by guaranteeing them a reserved portion of the estate. You cannot completely disinherit protected heirs without legal cause.
- Wills: Belgian law recognises different forms of will, including a notarial will executed before a notary, a holographic will written entirely by hand and signed by the testator, and special secret wills. Notarial wills are common because they are safe, registered and easy to locate after death.
- Matrimonial property regimes: The matrimonial property regime determines how spouses own and divide assets. If you are married without a marriage contract, the statutory regime applies. You can change the default effects by entering into a marriage contract before a notary - this affects inheritance rights and estate division.
- Gifts and donations: Gifts inter vivos can be an effective way to transfer assets during life and reduce the taxable estate. In Belgium gifts are usually done via notarial deed for immovable property or registered for tax transparency and certainty.
- Inheritance taxes: Inheritance tax rates are set by the region where the deceased had their domicile. Maaseik is in Flanders, so Flemish inheritance tax rules apply. Rates depend on the relationship between deceased and heir and on the value of the inheritance. Proper planning can affect the amount of tax paid.
- Life insurance: Proceeds of life-insurance policies are often treated separately from the estate and may benefit named beneficiaries directly. The tax treatment depends on how the policy is structured and regional tax rules.
- EU Succession Regulation and cross-border cases: If you have assets or family members abroad, the EU Succession Regulation can affect which national law applies and how assets are administered. Since 2015, EU rules allow, in many cases, individuals to choose the law of their nationality to govern their succession.
- Role of the notary and courts: Notaries play a central role in drafting and registering wills, executing donations and preparing deeds. Lawyers are typically engaged for litigation, complex tax planning and cross-border or commercial aspects of succession.
A notarial will is executed in front of and recorded by a notary. It is registered and easy to find after death. A holographic will is entirely handwritten and signed by the testator without a notary. Holographic wills are valid in Belgium but can be harder to locate and may raise questions about authenticity. For clarity and legal certainty many people in Maaseik choose a notarial will.
Belgian law protects certain heirs through forced heirship rules. Children are entitled to a reserved portion of the estate. You cannot fully disinherit them unless you can justify a legal cause recognised by the civil code. A lawyer or notary can explain precisely how much can be freely disposed of in your situation.
Inheritance taxes in Flanders depend on the value of what each heir receives and the degree of kinship to the deceased. Spouses and children benefit from more favourable tax brackets than distant relatives or unrelated beneficiaries. Tax planning tools such as gifts during life or life insurance may affect the taxable base. Exact rates and brackets change over time, so consult a professional for up-to-date calculations.
A marriage contract lets you choose a matrimonial property regime different from the statutory default. This can protect assets for a spouse or children and clarify what belongs to whom in case of divorce or death. It is executed before a notary and is often used in blended families or when one spouse owns significant premarital assets.
Foreign property makes succession more complex. The EU Succession Regulation may determine which law applies, and the property may still be subject to local inheritance rules and taxes in the country where it is located. You should work with a lawyer experienced in cross-border succession or a notary who coordinates with foreign counsel to avoid double taxation and ensure a smooth transfer.
First, register the death at the local municipality. Then locate any will and contact a notary to open the succession. The notary prepares the inventory, calculates inheritance shares and the tax due, and assists with filing the inheritance tax return. Heirs may need to provide identity documents, marriage certificates, birth certificates and bank statements.
Yes. In Belgium donations can be subject to claims if they disturb the legally reserved portions for heirs. There are also rules on gift collations - certain lifetime gifts may be taken into account when dividing the estate. Proper documentation and advice from a notary reduce the risk of later disputes.
Life insurance can be an efficient way to provide liquidity to heirs and to pass assets outside the normal estate formalities. The tax treatment depends on how the policy is designed and named beneficiaries. For some people life insurance helps to pay inheritance taxes or to secure a surviving spouse's standard of living.
Costs vary by complexity and whether you use a notary or lawyer. A simple notarial will and basic advice will cost less than a full estate plan involving property, companies or cross-border assets. Notaries usually charge regulated fees for certain acts, but additional advisory work may be billed separately. Ask for a written fee estimate before proceeding.
Review and update your estate plan after major life events: marriage, divorce, births, deaths in the family, acquisition or sale of significant assets, change of residence or nationality, or significant changes in tax law. Regular reviews every few years are advisable to ensure documents reflect your current wishes and circumstances.
Below are types of local and national resources that can help you get trustworthy information and find professionals in Maaseik:
- Local notaries in Maaseik and the surrounding Limburg area - for drafting wills, marriage contracts and donations.
- Lawyers specialising in inheritance law and cross-border succession - for litigation, tax planning and complex cases.
- Flemish tax authorities - for information about inheritance tax rules and practical procedures in Flanders.
- National notaries association - for general guidance on notarial services and locating a notary.
- Municipal office in Maaseik - for administrative steps after a death, including registration and local procedures.
- Social security and pension institutions - to understand survivor pensions and benefits that may affect estate planning.
- Expat and international legal advisors - for non-Belgian nationals or people with assets abroad, specialised cross-border advice is important.
If you need legal assistance with estate planning in Maaseik, follow these practical steps:
- Gather important documents - identity papers, family records, property deeds, bank statements, insurance policies, pension information and any existing wills or marriage contracts.
- Make a list of your assets, liabilities and the people you want to benefit. Note any special wishes about funeral arrangements or guardianship for minor children.
- Contact a local notary for standard estate planning tasks like wills, marriage contracts and donations, or contact a specialised lawyer for tax planning, company succession or cross-border matters.
- Ask for a clear fee estimate and outline of services before engaging a professional. Request explanations in plain language if legal terms are unclear.
- Once documents are prepared, make sure copies are kept in safe places and that key persons know where to find them - for example the notary who holds the notarial will.
- Review your plan periodically and after any major life change to ensure it still meets your goals and complies with current law.
Getting professional advice early helps avoid costly mistakes, reduces family disputes and ensures your wishes are respected. If you are in doubt, arrange an initial consultation with a notary or lawyer in Maaseik to discuss your situation and options.
