Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Trusts are a common law device in which one person or entity - the trustee - holds and manages assets for the benefit of another person or group - the beneficiaries - according to terms set out by the settlor. Belgium is a civil law country and does not have a native common-law trust tradition. That said, Belgian courts and authorities can and do recognize foreign trusts in certain circumstances. In everyday practice in Lessines and the Walloon region, people most often work with notaries, lawyers and accountants to handle cross-border trust structures, estate planning, asset protection and tax questions that have a link to Belgian-situated assets or Belgian residents.
Because Lessines is in the French-speaking Wallonia region, any court, notarial or administrative proceedings will normally be handled in French. Local legal advisers in Hainaut province will be familiar with how foreign trust arrangements interact with Belgian civil law, taxation and property formalities.
Trust-related situations can be legally complex and often involve more than one jurisdiction. You should consult a lawyer in these common scenarios:
- Estate planning where beneficiaries or assets are located inside and outside Belgium - to understand how a trust will interact with Belgian succession rules and taxes.
- Ownership or transfer of Belgian real estate where a trustee is a foreign trust - to ensure compliance with Belgian registration and notarial formalities.
- Disputes involving trustees, beneficiaries or third parties - to enforce rights or defend actions before Belgian courts.
- Tax questions about transparency, reporting obligations and possible taxation of income, capital gains or inheritances connected to trust assets.
- Business succession or family asset management that may combine corporate, trust and notarial instruments.
- Protecting vulnerable beneficiaries such as minors or incapacitated persons while complying with Belgian mandatory rules.
Key aspects of Belgian and Walloon law that affect trusts and trust-like arrangements in Lessines include:
- Recognition of foreign trusts - Belgian judges may recognize and apply the terms of a valid foreign trust, but this recognition depends on private international law rules, the nature of the assets and public order considerations.
- Succession and forced heirship - Belgian inheritance law includes reserved portions for children and, in some cases, survivors. Using a trust to attempt to completely exclude reserved heirs may be challenged and could be limited by Belgian succession rules.
- Property formalities and notarial requirements - transfers of immovable property in Belgium typically require a notarial deed and registration. A trustee holding Belgian real estate will need to comply with those formalities and related registration duties.
- Taxation - the tax treatment of a trust depends on facts: whether the trust is treated as transparent or opaque for Belgian tax purposes, the tax residence of the settlor and beneficiaries, and the location of assets. Regional taxes such as inheritance and gift taxes are applied by the Walloon Region and vary depending on the relationship between parties and the value transferred.
- Reporting and anti-money-laundering - trustees or parties with control over assets may face reporting obligations to Belgian authorities, and professional advisers must comply with anti-money-laundering rules.
- Languages and procedures - legal and administrative procedures in Lessines will generally be conducted in French. Court filings, notarial acts and official correspondence should be prepared accordingly.
A trust is a legal arrangement created under foreign or common-law systems where a trustee holds assets for beneficiaries. Belgium lacks a native trust regime comparable to common-law jurisdictions; Belgian equivalents such as mandates, foundations or specific notarial arrangements may be used domestically. Trusts established under foreign law may be recognized in Belgium but do not automatically replace Belgian notarial and succession rules.
Creating a domestic trust in the common-law sense is not typical under Belgian law. If a foreign trust holds Belgian property, Belgian formalities for transfer and registration must be respected. Using a trust to hold real estate in Belgium raises additional legal and tax issues and requires careful planning with local advisers.
Trusts cannot be used reliably to circumvent Belgian reserved portions for heirs. Belgian courts may treat attempts to evade forced heirship with scrutiny. If you are considering a trust for succession planning, consult a lawyer to align the structure with Belgian inheritance law and minimize legal risk.
Taxation depends on the nature of the trust, the residence of the settlor and beneficiaries, and where the assets are located. Belgian tax authorities may treat certain trust income and transfers as attributable to Belgian taxpayers. Regional inheritance and gift taxes apply in Wallonia. Always obtain tax advice tailored to your facts before creating or dealing with a trust.
Yes. Trustees or persons who control assets may have domestic reporting obligations, including anti-money-laundering checks and disclosures to tax authorities. Professional trustees and advisers must comply with regulated reporting and identification duties.
Belgian courts can give effect to foreign trusts in many cases, especially when the trust is valid under its governing law and does not violate Belgian public policy. Enforcement depends on the facts, the nature of the trust, and whether required formalities for Belgian assets were respected.
Yes. Transfers or encumbrances of Belgian immovable property generally require a notarial deed and registration. Lawyers handle legal advice and litigation, while notaries handle formal deeds, registrations and public acts required for property transfers.
Search for lawyers or law firms in Hainaut province or the Walloon region that list private client services, estate planning, cross-border succession and international tax among their specialties. Verify language capability in French, ask about relevant experience with trusts, and request an initial consultation to assess fit.
Bring identification, deeds or titles for relevant assets, a list of assets and locations, details about family relationships and intended beneficiaries, any existing wills or powers of attorney, and information about residency and tax status. Providing documentation in advance helps the lawyer give specific guidance.
Costs vary by complexity. Lawyers may charge hourly rates or fixed fees for defined services. Notarial fees for property transactions are regulated and depend on the transaction value. Timeframes depend on tasks - drafting documents, obtaining tax opinions, completing property registrations or resolving disputes can range from weeks to many months.
Recommended types of organizations and sources to consult for further information and assistance:
- Local Bar association or provincial bar office - for lists of qualified lawyers practising in estate planning, tax and cross-border matters in Hainaut and Wallonia.
- Notarial chambers and local notaries in Lessines - for property formalities, deed drafting and registration procedures.
- Federal Public Service Finance - for information on Belgian tax rules and reporting obligations affecting trusts and residents.
- Walloon regional authorities - for regional inheritance and gift tax rules and procedures in Wallonia.
- Professional advisers - independent tax advisers or accountants with international experience to assist with tax compliance and reporting.
- Court registry - for procedural information if a court action is necessary in the local tribunal.
If you believe you need legal help with a trust-related matter in Lessines, follow these practical steps:
- Gather key documents - asset lists, property deeds, identification, any existing estate planning documents and information about parties involved.
- Identify your objectives - clarify whether you seek asset protection, succession planning, dispute resolution, tax planning or property transfer.
- Schedule an initial consultation - look for a lawyer or small firm in Hainaut or Wallonia with experience in international trusts, succession and property law. Confirm the language of service and ask for an engagement letter or fee estimate.
- Involve necessary professionals - depending on the case, you may also need a notary, tax adviser or accountant. Coordinate their roles with your lawyer.
- Assess risks and compliance - ensure any structure respects Belgian forced heirship, notarial formalities and tax reporting duties to reduce future disputes and liability.
- Get advice in writing - ask for a written plan or opinion outlining legal risks, tax consequences and the recommended steps so you have a clear record for decision-making.
Working with local legal and tax professionals will give you the best chance to put in place a solution that meets your goals while complying with Belgian and Walloon rules applicable in Lessines.
