Best Will & Testament Lawyers in Ghent

About Will & Testament Law in Ghent, Belgium

A will, known as a testament in Belgium, is a legal document that allows an individual to clearly outline how their estate will be distributed after their death. In Ghent, as in the rest of Belgium, wills are governed by both national civil law and local notarial practices. Creating a will provides peace of mind about who will inherit property, assets, and other possessions. It also allows individuals to appoint guardians for minor children and specify funeral wishes. If a person dies without a will, their estate is divided according to the rules of legal succession, which may not align with their personal preferences.

Why You May Need a Lawyer

Many people in Ghent seek legal assistance for matters relating to wills and testaments. Common situations where a lawyer's help is beneficial include:

• Ensuring your will complies with Belgian law and is valid
• Minimizing potential inheritance taxes for your heirs
• Avoiding conflicts between beneficiaries, such as family disputes
• Establishing guardianship for children or dependent relatives
• Dealing with complex family situations, such as blended families or international assets
• Making updates or revoking a previous will
• Assisting executors in processing wills after death

Legal advice can help prevent errors that might result in your wishes not being carried out or your will being challenged in court.

Local Laws Overview

Belgian inheritance law, including in Ghent, operates under the Civil Code. Some key aspects to be aware of include:

• Reserved shares: Belgian law guarantees a portion of the estate, known as the reserved share, to certain heirs (mainly children and, if no children, spouse or parents). The rest of the estate is the freely disposable portion.
• Types of wills: Wills can be handwritten (holographic), notarial (drawn up by a notary), or international (for those residing or owning property abroad).
• Registration: Wills can be registered with the Central Register of Wills managed by Belgian notaries to ensure they are found after death.
• Inheritance taxes: Heirs are subject to inheritance tax, with rates depending on their relationship to the deceased and the location of the estate, which in this case is Flanders.
• Legal formalities: Strict requirements exist for the creation and witnessing of wills to ensure validity.

It is crucial to understand these local laws because an invalid will or failure to respect the reserved share can result in legal challenges or unintended outcomes.

Frequently Asked Questions

What happens if I die without a will in Ghent?

If you die without a will, your assets will be distributed according to Belgian intestate succession rules, prioritizing your closest relatives such as spouse, children, or parents.

Can I disinherit my children or spouse?

Belgian law protects children and spouses by guaranteeing them a reserved share of your estate, so complete disinheritance is generally not possible unless certain legal conditions are met.

What is the role of a notary in making a will in Ghent?

A notary ensures that your will is legally valid, registers it in the Central Register of Wills, and can advise on compliance with inheritance laws.

Can I write my own will without a lawyer?

Yes, you can write your own will, known as a holographic will, as long as it is entirely handwritten, dated, and signed by you. However, using a lawyer or notary reduces the risk of legal errors.

How are inheritance taxes calculated in Flanders?

Inheritance tax rates depend on your relationship to the deceased and the value of the inherited assets. Close relatives benefit from lower rates, while non-relatives pay higher rates.

How can I change or revoke my will?

You can change or revoke your will at any time by drafting a new will or making an official declaration with a notary. Only the most recent will is legally binding.

Is my foreign will valid in Belgium?

Foreign wills may be recognized in Belgium, but it is advisable to seek legal advice to ensure compliance with Belgian law and avoid complications for your beneficiaries.

What is the Central Register of Wills?

This is a national database maintained by Belgian notaries where wills can be registered to ensure they are located and executed after the testator's death.

What happens if my will is contested?

If your will is contested, a court may become involved to determine its validity. Legal representation is highly recommended in such cases to defend the intentions stated in the will.

Who needs to be present when I sign my will?

For a notarial will, the notary and two witnesses must be present. For a handwritten will, witnesses are not required, but the document must meet strict formalities regarding handwriting and signature.

Additional Resources

Several resources can help individuals seeking advice about wills and testaments in Ghent:

• The Flemish Notarial Association (Vlaamse Notariële Federatie) provides information and referrals to notaries in Ghent
• The Central Register of Wills ensures your will can be found and executed after your death
• Ghent Bar Association (Balie Gent) can help connect you with a qualified lawyer specializing in inheritance law
• Local Public Legal Service Centers offer preliminary legal advice at reduced or no cost
• The Federal Public Service (FPS) Justice provides official guidelines regarding inheritance law and processes in Belgium

Next Steps

If you need assistance with creating, updating, or contesting a will in Ghent, start by gathering all relevant information about your assets and family situation. Consider your intentions for distributing your estate and any specific wishes for dependents or charitable donations. Schedule an appointment with a local notary or inheritance lawyer to review your situation and receive tailored legal advice. If costs are a concern, reach out to public legal service centers for guidance. Finally, ensure that your will is properly executed, registered, and safely stored so your loved ones can easily access it when needed.

Taking action now ensures your wishes are respected and can save your family potential difficulties and legal disputes in the future.