Best Probate Lawyers in Hasselt

About Probate Law in Hasselt, Belgium

In Belgium, probate is commonly referred to as succession law. It is the legal process of transferring a deceased person’s assets and liabilities to heirs and legatees. In Hasselt, which is located in the Flemish Region, estates are settled under the Belgian Civil Code combined with Flemish inheritance tax rules. Unlike many common law countries, Belgium does not have a single probate court procedure for every estate. Most estates are handled by a notary who verifies heirs, gathers information about the estate, prepares the required deeds, and guides the inheritance tax declaration. When there is a dispute or a complex partition, the Family Court of the Court of First Instance Limburg in Hasselt can step in, appoint a notary to liquidate and partition, or decide specific legal issues.

Key features of Belgian probate include forced heirship for children, the ability of a surviving spouse to claim usufruct on certain assets, and a choice between accepting an inheritance, accepting it under the benefit of inventory, or renouncing it. Because Hasselt is in Flanders, Flemish inheritance tax rules apply. Banks typically freeze accounts at death until they receive a certificate of succession or a notarial certificate of inheritance, after which funds can be released and transferred according to the law and any will.

Why You May Need a Lawyer

Many estates can be settled smoothly with a notary, but a lawyer can be crucial in several situations. Disputes among heirs about a will, gifts made during lifetime, or the valuation of assets are common reasons to seek legal representation. Blended families often involve complex questions about the surviving spouse’s usufruct and children’s rights. If the deceased owned a business, shares, or cross-border assets, specialized structuring, tax analysis, and coordination with foreign rules may be needed. Questions about the validity of a will, allegations of undue influence, or whether lifetime gifts infringe on the children’s reserved share can require court proceedings.

A lawyer can also help if an heir wishes to accept under the benefit of inventory to limit liability, if there are significant debts, or if minors or protected adults are involved. In international estates, a lawyer can advise on the EU Succession Regulation, the choice of applicable law, and the European Certificate of Succession. Finally, when negotiation fails, a lawyer can represent you in mediation or litigation before the Family Court in Hasselt and coordinate with the notary appointed to liquidate and partition the estate.

Local Laws Overview

Forced heirship for children applies in Belgium. Since the 2018 reform, the descendants collectively have a reserved portion equal to half of the estate. Lifetime gifts and certain advantages may be brought into account when checking if the reserve has been infringed. The surviving spouse has a protected right to usufruct on at least the family home and household contents, and in principle usufruct on half of the estate, subject to specific rules and any marriage contract. Legally cohabiting partners have a statutory right to usufruct on the family home and household contents in intestate succession but do not enjoy the same level of protection as a spouse and can be excluded by will.

Heirs have three choices. They can accept the inheritance purely and simply, which means they receive assets and become liable for debts. They can accept under the benefit of inventory, which limits their liability to the value of the estate after an inventory process. Or they can renounce the inheritance, in which case they receive nothing and bear no liability for debts. Minors and certain protected persons are deemed to accept under the benefit of inventory by law, with additional safeguards.

Wills can be holographic, notarial, or international in form. Notaries register wills in the Central Register of Wills so that their existence can be checked after death. Real estate in the estate requires a notarial deed for transfer to the heirs and to update the land registry. If there was a will or marriage contract affecting inheritance, a notarial certificate of inheritance is required. If there is no will or marriage contract affecting succession, a certificate of succession can be requested from the Federal Public Service Finance for bank purposes.

Flemish inheritance tax applies to estates of persons last habitually resident in Flanders. Broadly, tax rates depend on the relationship between the deceased and the beneficiary, with lower progressive rates for spouses, legally cohabiting partners, and descendants, and higher rates for more distant beneficiaries. Recognized charities benefit from very favorable tax treatment, and Flanders applies a reduced friend inheritance for a limited amount to a named friend at a preferential rate. Exact rates, thresholds, exemptions, and deductions change from time to time, so always check the current Flemish Tax Administration rules for the date of death.

The inheritance tax declaration must generally be filed within 4 months of death if the death occurred in Belgium, 5 months if the deceased died elsewhere in the European Economic Area, and 6 months if outside the EEA. Extensions can sometimes be requested for valid reasons. Debts and funeral costs can be deductible subject to conditions and proof. Payment deadlines and potential interest or penalties apply if filings or payments are late.

Cross-border estates follow the EU Succession Regulation for deaths on or after 17 August 2015. Jurisdiction and the applicable law are determined by the deceased’s habitual residence unless a valid choice of law clause selects the law of the person’s nationality. The European Certificate of Succession can be used to prove heir status in other EU member states when dealing with assets abroad.

Frequently Asked Questions

What is probate in Belgium and how does it work in Hasselt

Probate is the process of transferring a deceased person’s estate to heirs and legatees. In Belgium, a notary plays a central role in identifying heirs, reviewing any will or marriage contract, informing the tax authorities, and preparing deeds to distribute assets. In Hasselt, you will usually work with a local notary and, if a dispute arises, the Family Court of the Court of First Instance Limburg can assist.

Do I need a notary or a lawyer or both

Most estates require a notary. You will need a notary if there is real estate, a will, a marriage contract affecting inheritance, international aspects, or if you need a formal division. A lawyer is advisable if there are disputes, complex tax or cross-border issues, questions about forced heirship, or if you need representation in court. Many families work with both, with the notary handling the settlement and the lawyer advising or negotiating when needed.

How quickly must we file the inheritance tax declaration in Flanders

The standard deadlines are 4 months for deaths in Belgium, 5 months for deaths elsewhere in the EEA, and 6 months for deaths outside the EEA. The filing period starts on the date of death. You can request an extension for valid reasons, but interest may apply if payment is late. Always verify the current rules for the date of death.

What are the Flemish inheritance tax rates

Rates are progressive and depend on the beneficiary’s relationship to the deceased. Spouses, legally cohabiting partners, and descendants are taxed at lower bands. Siblings and more distant heirs face higher bands. Recognized public benefit organizations benefit from very low or zero rates, and Flanders applies a reduced friend inheritance on a limited amount at a preferential rate. Because thresholds and rates can change, consult the Flemish Tax Administration or a notary or lawyer for the exact current figures.

Can I refuse an inheritance or limit my liability for the deceased’s debts

Yes. You can renounce the inheritance, in which case you receive nothing and owe nothing. Or you can accept under the benefit of inventory, which limits your liability to the net value of the estate after an inventory. There are formalities and timelines for these choices, and minors and certain protected persons are automatically covered by the benefit of inventory.

What happens to bank accounts after someone dies in Belgium

Banks usually block the deceased’s accounts, and may provisionally block joint accounts. The bank may release funds for funeral expenses upon presentation of invoices. To release the balance and transfer funds to heirs or the estate account, the bank requires either a certificate of succession from the Federal Public Service Finance or a notarial certificate of inheritance. Which document is required depends on whether there is a will or marriage contract affecting inheritance.

What rights does the surviving spouse or partner have

The surviving spouse has a protected right to usufruct, including at least the family home and household contents and generally usufruct on half of the estate, subject to the marriage regime and any specific clauses. Legally cohabiting partners have a statutory right to usufruct on the family home and household contents when there is no will, but they do not enjoy the same level of protected reserve as a spouse and can be excluded by will. Unregistered cohabitants have no statutory inheritance rights unless provided by will.

What if the deceased left a will from another country

Foreign wills can be valid in Belgium if they meet applicable private international law rules. The EU Succession Regulation often applies, and the law of the deceased’s habitual residence generally governs, unless a valid choice of the law of the deceased’s nationality was made. A Belgian notary will examine the will’s form and substance and may request translations or legalizations. The European Certificate of Succession can facilitate recognition across the EU.

How are lifetime gifts treated when calculating the heirs’ shares

Certain lifetime gifts are brought into account to ensure forced heirs receive their reserved portion. If gifts exceed what the law allows, a reduction claim can adjust distributions so that the reserve of the descendants is respected. The details depend on when the gift was made, its value, and any conditions attached. A notary or lawyer can analyze this and advise on possible claims or defenses.

What happens if heirs cannot agree on the division

If negotiations fail, any interested party can request the Family Court to appoint a notary to liquidate and partition the estate. The appointed notary prepares an inventory, values assets, and proposes a division. The court can resolve legal disputes that arise during the process. Mediation is also available and can be faster and less costly than full litigation.

Additional Resources

Flemish Tax Administration Vlabel. This is the authority that handles inheritance tax in Flanders, including Hasselt. They provide rules, forms, deadlines, and assessments for inheritance tax and can answer questions about exemptions, rates, and payment options.

Federal Public Service Finance Succession Service. This federal body issues certificates of succession for estates without a will or marriage contract affecting inheritance and provides general information about estate notifications, bank procedures, and tax identification matters.

Royal Federation of the Belgian Notariat Notaris.be. The professional organization of notaries in Belgium. Its directory helps you find a notary in Hasselt or elsewhere, and it provides clear public information on inheritance, wills, marriage contracts, and property transfers.

Court of First Instance Limburg - Family Court, Hasselt. The Family Court handles succession disputes, appointment of a notary for liquidation and partition, protective measures for minors and vulnerable adults, and urgent matters arising in estates.

Central Register of Wills. This register allows a notary to check whether a will has been registered. After death, the existence of a registered will can be verified to ensure the deceased’s last wishes are followed.

Legal Aid Office Bureau voor Juridische Bijstand Limburg. If you meet income and asset conditions, you may qualify for free or partially subsidized legal assistance. The office can inform you about eligibility and assign a lawyer.

Accredited Family Mediators. Mediation can help heirs reach a negotiated division and avoid litigation. Accredited mediators with experience in family and succession matters operate in the Hasselt area.

Next Steps

Collect essential documents. Gather the death certificate, the deceased’s identity details, marriage contract if any, any known wills, bank statements, property deeds, vehicle documents, business records, insurance policies, and a list of debts. Secure the family home and other assets and take meter readings and photographs where appropriate.

Contact a notary in Hasselt early. The notary can check the Central Register of Wills, advise on the need for a notarial certificate of inheritance, prepare or obtain a certificate of succession, and start the estate inventory. If there is real estate, a notarial deed will be required for transfer.

Decide on acceptance of the inheritance. Discuss with the notary and, if needed, a lawyer whether to accept, accept under the benefit of inventory, or renounce. Consider the estate’s debts, business liabilities, and pending disputes before deciding. Observe the timelines for these choices.

Meet the Flemish inheritance tax deadlines. Note the 4-5-6 month filing rule based on the place of death. Determine who will file the declaration, how assets will be valued, and what debts or expenses can be deducted. Plan for liquidity to pay tax, and discuss any available reliefs or exemptions.

Address bank and insurance matters. Provide the bank with the required certificate to release funds. Inform insurers of the death, claim any life insurance benefits, and verify beneficiary designations. Notify pension providers and employers to arrange for final payments or survivor benefits.

Manage property and ongoing obligations. Arrange for maintenance, insurance, and utilities of real estate. If a sale is planned, coordinate with the notary and real estate agent. For companies or self-employed businesses, take steps to safeguard operations and seek specialized advice.

Use mediation or legal representation if conflicts arise. If disagreements cannot be resolved informally, consider mediation. If court intervention is necessary, engage a lawyer who practices succession law before the Family Court in Hasselt.

Keep organized records. Maintain a file with correspondence, valuations, inventories, decisions about acceptance, filed tax forms, and proof of payments. Accurate records reduce errors, prevent penalties, and can expedite the final division.

This guide provides general information and is not a substitute for tailored legal advice. Laws and tax rules change. For decisions about your specific situation in Hasselt, consult a notary and, where appropriate, a lawyer experienced in Belgian succession law and Flemish inheritance tax.