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Inheritance law in Belgium is mainly federal and codified in the Belgian Civil Code. In Brussels, residents also need to navigate the Brussels-Capital Region’s tax regime for inheritance, which is separate from civil rules. The process typically involves drafting or validating a will, identifying heirs, and distributing assets according to the law or the testament’s terms.
For cross-border estates, European rules apply. Regulation (EU) No 650/2012 governs jurisdiction and the applicable law in matters of succession within the EU. This means Belgian courts and notaries may rely on Belgian law or an alternative law depending on the decedent's last residence and asset locations. A Belgian solicitor or notary with cross-border experience helps prevent conflicts between laws in different countries.
In Brussels, you commonly interact with a notary for real estate transfers and formal estate settlement. Notaries verify wills, authenticate documents, and oversee the execution of inheritances. Understanding whether the estate is regulated by local tax rules and federal civil law helps you plan effectively and avoid delays.
Belgian inheritance law blends civil code provisions with EU rules on cross-border succession, as well as regional tax regimes in Brussels.
Source: Belgian Federal Public Service Justice - Inheritance and Wills information justice.belgium.be
Brussels families face specific and concrete scenarios where legal counsel is essential. These examples show why a solicitor or attorney with inheritance expertise is valuable.
The core rules come from the Belgian Civil Code, Book II on Succession, which covers testamentary dispositions, forced heirship, and distribution among heirs. This code is complemented by EU Regulation 650/2012 for cross-border matters and by Brussels regional tax rules for droits de succession.
Belgian Civil Code, Book II Des Successions governs who inherits, how shares are allocated, and how wills are formed. It also addresses special forms of disposal such as donations and usufructs that affect succession outcomes. The code has been amended repeatedly to reflect social and economic changes, but its basic framework remains the backbone of Belgian inheritance law.
Regulation (EU) No 650/2012 on jurisdiction and the recognition of succession determines which country’s law applies in cross-border cases and how decisions are recognized across member states. It has been applicable in Belgium since 2015 and is important when the decedent had assets in more than one EU country. This regulation helps avoid conflicting judgments and ensures coherence in multi-jurisdictional estates.
Brussels regional droits de succession framework sets the Brussels-Capital Region’s own tax regime for inheritance and registration taxes. Rates and reliefs vary by the beneficiary relationship and the asset value. These regional rules can significantly affect the net value inherited in Brussels and must be planned with a local lawyer or notary.
Cross-border estates in Brussels may require coordination between the Civil Code rules and EU succession law, plus regional inheritance taxes.
Sources: Belgian Federal Public Service Justice, Regulation (EU) No 650/2012 on jurisdiction and the recognition of succession, Statbel - Belgian Statistics (Tax and Inheritance context)
A testament is a legally binding document detailing how assets pass after death. In Belgium, most tests are executed by a notary in authentic form, though holographic wills are allowed in certain circumstances. The notary ensures the will complies with legal formalities.
Heirs are determined by the Civil Code and include spouses, children, and, in some cases, parents or siblings. The concept of forced heirship protects a portion of the estate for specific relatives, regardless of the decedent's wishes.
Contact a lawyer as soon as you anticipate a dispute, receive a contested will, or need cross-border guidance. Early involvement can prevent delays and help preserve assets.
A notary authenticates wills, registers transfers, and coordinates the settlement of the estate. In Brussels real estate transfers require notarial intervention to be valid.
Costs vary by complexity, assets, and services. Notaries charge fees for acts related to wills and transfers, while lawyers bill for consultations, court work, and opposing-party negotiations. Regional taxes also apply.
Yes, Brussels imposes regional droits de succession. Rates depend on your relation to the deceased and asset value. Tax planning can optimize payments and timing.
Yes, you can challenge a will on grounds such as lack of capacity, fraud, or invalid formalities. A lawyer will assess the strength of the challenge and guide you through court or notarial procedures.
Yes. If you own assets in multiple countries, EU succession law and local rules matter. A cross-border strategy helps avoid conflicting laws and taxes across jurisdictions.
Real estate transfers require a notary and may benefit from a local lawyer with Brussels familiarity. Local professionals understand regional tax nuances and filing deadlines.
Intestate estates are generally more complex because they rely on statutory succession rules. The absence of a will often leads to more heirs and higher potential disputes.
Probate timelines vary with complexity and asset location. A straightforward case with a valid will can take several months, while contested estates may take years. Notaries and lawyers help set realistic expectations.
