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Wills and testamentary matters in Beersel are governed by Belgian inheritance law, which is based on the Civil Code and administered through local notaries and courts. While the basic rules are federal, a number of practical matters - especially inheritance or succession taxes - are decided by the Region. Beersel is in the Flemish Region, so Flemish succession tax rules apply. Belgian law recognises several types of wills, gives certain close relatives a protected share of the estate, and sets out rules for intestacy if no valid will exists. Practical steps such as registering deaths and obtaining official copies of civil status documents are handled by the Beersel municipal office.
Many Will and testament issues are handled by a notary, but a lawyer (advocaat) is essential in certain situations. You should consider hiring a lawyer if you face contested wills or inheritance disputes, suspected undue influence or lack of testamentary capacity, cross-border estates with assets or heirs in other countries, complex tax planning or business succession matters, creditor claims against the estate, disputes over the interpretation of a will, or urgent court procedures such as provisional administration of assets. A lawyer can also represent you in negotiations with other heirs, advise on litigation strategy, and coordinate with tax advisers and notaries when legal arguments or court decisions are needed.
Key legal points to know for Beersel residents include the following.
- Forced heirship and legal reserve - Belgian law protects certain heirs, especially children, by reserving a portion of the estate that cannot be freely given away. The exact reserved share depends on how many children there are. The surviving spouse also has statutory protections, which depend on the family situation and the matrimonial property regime.
- Types of valid wills - Belgium recognises holographic wills (entirely handwritten, dated and signed by the testator), notarial wills (drawn up and kept by a notary), and certain closed or secret wills. Notarial wills provide strong proof of validity and are commonly used for clarity and safekeeping.
- Intestacy rules - If someone dies without a valid will, heirs are determined by law in a set order: descendants, spouse, ascendants, siblings and further relatives. The distribution and the surviving spouse's rights vary according to family composition and property regimes.
- Regional succession taxes - Succession duties are regional. Because Beersel is in Flanders, Flemish rules and rates apply. Rates, exemptions and deductions can differ substantially from other regions of Belgium. Tax planning should take the regional rules into account.
- Matrimonial property regimes and donations - The matrimonial property regime (statutory or contractually agreed) and any lifetime gifts affect what passes on death. A marriage contract or registered partnership can change what is part of the estate and what the surviving spouse can claim.
- Appointment of guardians and other testamentary dispositions - A will may designate guardians for minor children, set legacies, create usufruct rights, or set up conditions for inheritance. Some dispositions require careful drafting to be effective under Belgian formalities.
Belgium recognises holographic wills (handwritten, dated and signed by the testator), notarial wills (prepared and recorded by a notary), and closed or secret wills in limited forms. Notarial wills give the strongest legal proof and are filed in the notarial registry for safekeeping. Holographic wills are valid if entirely handwritten by the testator, clearly dated and signed.
Decide what you want to leave and to whom, make sure you meet the formal requirements of the chosen will type, and sign it. For a holographic will, write the whole text by hand, include the date, and sign it. For a notarial will, consult a notary who will prepare, read back, and record the will. Keep copies in a safe place and inform trusted people where your will is stored.
No. Children are protected by the legal reserve - a compulsory portion of the estate that cannot be taken away by a will. You can leave to others what remains of your estate after reserving the compulsory shares for reserved heirs. The exact reserved shares depend on the number of children and the overall estate.
If you die intestate, Belgian law determines heirs in a fixed order: descendants first, then the spouse and ascendants, siblings and more distant relatives. The estate is divided according to statutory rules and the surviving spouse and children have protected rights. Intestacy can lead to outcomes you might not want, so a will is recommended when you have specific wishes.
A will can be valid without a notary if it is holographic and meets formal rules. However, using a notary is strongly recommended because notarial wills are safely stored, reduce mistakes, and provide clear evidence of intent. A lawyer is more appropriate when you anticipate disputes, need litigation, or require specialised advice on cross-border issues or tax litigation.
Succession taxes are decided by the Region. Beersel is in Flanders, so Flemish succession tax rules and rates apply. Rates, exemptions and reliefs vary depending on the relationship between the deceased and the heir, the size of the estate and the assets involved. Tax rules change from time to time, so check current Flemish succession tax rules or consult a notary or tax adviser for precise calculations.
Yes. You can revoke or replace a will at any time while you have testamentary capacity. You can write a new valid will that expressly revokes earlier wills, or you can destroy or formally revoke the earlier document. For certainty, consult a notary to record changes and avoid ambiguity that could create disputes after death.
Bring your identity documents, marriage certificate and any marriage contract, birth certificates of children, copies of existing wills or testamentary documents, property deeds, bank and investment statements, life insurance policies, pension information, details of business interests, a list of debts, and contact details for beneficiaries and professional advisers. This helps the notary or lawyer give accurate advice and draft effective provisions.
Marriage and the matrimonial property regime influence what is part of the estate and the rights of the surviving spouse. Divorce or legal separation generally removes inheritance rights unless otherwise agreed. Registered partnerships and cohabitation agreements may give fewer automatic rights than marriage, so specific planning is often required if you are not married.
The timetable varies by complexity. Immediate tasks include registering the death with the municipal office in Beersel and securing important documents. Inventory, legal valuation and formal notifications follow. If there is a notarial will, the notary will open it and start the formal steps. Distribution can take several months to over a year, especially if taxes must be calculated, assets sold, or disputes arise. A notary and/or lawyer will guide the executor and heirs through required filings and transfers.
Consider contacting the following local and national bodies for help and information.
- Beersel municipal office - for civil status records, death registration and copies of official documents.
- A local notary - for drafting, registering and executing wills and for succession administration.
- The local or regional bar association - to find a lawyer experienced in inheritance disputes and cross-border matters.
- Flemish tax authorities - for up-to-date information about succession tax rules and rates that apply in the Flemish Region.
- Federal Public Service Justice - for general information about Belgian inheritance law and procedural issues.
- Professional estate planners and tax advisers - for specialised planning, business succession and large estates.
Follow these practical steps if you need help with a will or inheritance in Beersel.
1. Gather documents - collect identity papers, family certificates, property deeds, financial statements, insurance policies and any existing testamentary documents. A clear inventory saves time and cost.
2. Decide what you want to achieve - who do you want to inherit, do you need to protect a spouse or children, do you want to appoint a guardian for minors, and are there tax or cross-border issues?
3. Book a consultation - make an appointment with a notary for drafting or registering a will. If you expect disputes or complex legal issues, also consult a lawyer experienced in inheritance law.
4. Ask about costs and timelines - ask the notary or lawyer about fees, the likely timeline for finalising the will and the process after death.
5. Register or safely store the will - notarial wills are kept by the notary. If you use a holographic will, tell a trusted person where it is stored and consider depositing it with a notary for safekeeping.
6. Review periodically - life changes such as marriage, divorce, births, deaths or significant changes in assets mean you should review and possibly update your will.
If you need help finding a notary or lawyer in Beersel, contact the Beersel municipal office for local recommendations or reach out to the regional bar association to find a qualified abogado or advocaat who handles succession matters.
