Best Private Client Lawyers in Ghent

About Private Client Law in Ghent, Belgium

Private Client law is an area of legal practice that focuses on advising individuals and families on matters concerning assets, wealth management, inheritance, estate planning, tax, wills, trusts, gifts and related personal affairs. In Ghent, Belgium, this field is shaped by national Belgian legislation as well as regional and local regulations. Private Client lawyers support their clients by helping to structure personal and family matters efficiently and in line with clients' best interests. They provide practical guidance to safeguard assets and ensure that wishes concerning inheritance and succession are correctly implemented, all while taking into account Belgian civil law and local requirements.

Why You May Need a Lawyer

There are several circumstances where people in Ghent might need the help of a Private Client lawyer. Some of the most common situations include:

• Drafting or updating a will to ensure your assets are distributed as you wish after your death.
• Planning for inheritance and succession, particularly when family circumstances or property holdings are complex or involve multiple jurisdictions.
• Establishing trusts or foundations for asset protection, philanthropic goals, or privacy reasons.
• Arranging property transfers between family members or among businesses and individuals.
• Addressing family law matters that impact estate planning, including divorce, remarriage or blended families.
• Resolving disputes about inheritance or contesting wills.
• Managing tax liabilities related to inheritance, gifts and wealth structuring.
• Assisting expatriates or foreigners living in Ghent with cross-border estate and tax issues.

Professional legal advice can help ensure compliance with Belgium's complex regulations, minimize risks, and secure your family's future.

Local Laws Overview

Belgian Private Client law is primarily governed by the Belgian Civil Code, which sets out inheritance rules, contract law, and property law. Ghent, as part of the Flemish Region, is also subject to Flemish legislation, particularly on inheritance and gift taxes. Key legal considerations include:

• Inheritance Law: Belgium has forced heirship rules, meaning certain family members (usually children and surviving spouses) are entitled to a portion of the estate, regardless of the terms of a will.
• Wills: A will must comply with strict formal requirements under Belgian law. Multiple types of wills are recognized, including handwritten, notarial and international wills.
• Gift Tax: Tax is levied on gifts and inheritances. The rate depends on the region where the deceased or donor lived and on the relationship between the giver and recipient.
• Cross-Border Issues: For non-Belgian nationals, or Belgians with assets abroad, EU regulations such as the EU Succession Regulation may apply, affecting which laws determine inheritance distribution.
• Matrimonial Regimes: The regime chosen by spouses (community property, separation of assets, etc.) can significantly affect how assets are distributed in case of death or divorce.

A qualified lawyer can advise on how these laws apply to your situation and help navigate local administrative processes in Ghent.

Frequently Asked Questions

What is meant by forced heirship in Belgium?

Belgium's forced heirship means that a certain portion of your estate must go to your children and sometimes your spouse. You cannot completely disinherit these heirs, although you can distribute the freely disposable part of your assets as you wish.

Do I need a notary to make a will in Ghent?

While you can write a will by hand (holographic will), it is highly recommended to use a notary. Notarial wills are safer, less likely to be challenged, and are automatically registered, ensuring your wishes are respected.

How is inheritance tax calculated in Ghent?

Inheritance tax in Flanders, including Ghent, is calculated based on the relationship between the deceased and the heirs, as well as the value of the inheritance received. Spouses, children and grandchildren usually benefit from lower rates, while more distant relatives face higher taxes.

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

Yes, giving assets away during your lifetime can reduce the taxable estate. However, gifts are subject to gift taxes and, if not handled correctly, may still be taxed upon death if the donor dies within three years of the gift.

What happens if I die without a will in Belgium?

If you die intestate (without a will), Belgian inheritance law determines how your assets are distributed among your legal heirs, following a strict order of succession.

What are common pitfalls in setting up a will?

Common mistakes include not complying with formalities, unclear instructions, overlooking digital assets, or not updating the will after significant life changes such as marriage or divorce.

Are foreign wills recognized in Belgium?

Under certain conditions, foreign wills can be recognized in Belgium, especially within the EU due to harmonized regulations. However, it is important to verify their compatibility with Belgian law.

Can an unmarried partner inherit in Belgium?

Unmarried partners do not have automatic inheritance rights unless specified in a will or if they have a legal cohabitation agreement. Otherwise, they may be subject to higher inheritance tax rates and limited rights.

What is the role of a notary in estate planning?

A notary ensures legal documents meet Belgian legal requirements, advises on tax implications, assists in the settlement of estates and can act as an impartial mediator in disputes.

How can I challenge a will in Ghent?

A will may be contested if there are grounds such as incapacity, undue influence, or non-compliance with formalities. Legal assistance is essential, as the process must follow specific procedures.

Additional Resources

People seeking more information or assistance on Private Client matters in Ghent may find these organizations helpful:

• Federal Public Service Finance: Provides information on taxes, including inheritance and gift tax.
• Chamber of Notaries (Koninklijke Federatie van het Belgisch Notariaat): Offers guidance on the role of notaries and how to find one locally.
• Flemish Tax Authority (Vlaamse Belastingdienst): Resources on regional taxes and inheritance rules in Flanders.
• Belgian Bar Association: Can help you locate a Private Client lawyer in Ghent or elsewhere in Belgium.
• Local municipal offices in Ghent: For civil registry questions and local administrative procedures.

Next Steps

If you need legal assistance with Private Client matters in Ghent, consider the following steps:

• Make a list of your questions and collect all relevant documents, such as existing wills, property deeds, and identification papers.
• Contact a local Private Client lawyer or notary with experience in Belgian and, if relevant, cross-border matters.
• Arrange a consultation to discuss your situation and receive personalized legal advice.
• Ask for a clear explanation of fees and services before proceeding.
• Stay informed about any changes in the law that could affect your estate or personal affairs, and review your arrangements periodically.

Obtaining tailored advice from a qualified professional in Ghent is the surest way to protect your interests and those of your loved ones.