Best Will & Testament Lawyers in Hasselt

About Will & Testament Law in Hasselt, Belgium

Writing a will in Hasselt follows Belgian law, which applies uniformly across Flanders. A will is a legal document that sets out who inherits your assets, who handles your estate, and how special wishes are carried out. Belgium recognizes several valid will formats, provides protection for certain heirs, and imposes Flemish inheritance tax on assets passing on death. Because Hasselt is in Flanders, the Flemish tax rules on inheritance apply, and local notaries and lawyers in Hasselt can help you prepare, register, and execute your will and estate plan.

Belgian succession rules were modernized in 2018, and Flemish inheritance tax rules were updated in recent years. Today, you can plan your estate more flexibly, but there are still forced-heirship limits that protect certain close family members. If there are cross-border elements, the EU Succession Regulation can affect which law applies. A notary plays a central role in Belgium for drafting and executing wills, settling estates, and issuing official documents needed by banks and authorities.

Why You May Need a Lawyer

- You want to ensure your wishes are enforceable under Belgian forced-heirship rules and do not expose your heirs to unexpected challenges.

- You own real estate, a business, or assets in multiple countries and need cross-border coordination and a choice-of-law clause where permitted.

- You have a blended family, children from previous relationships, or wish to balance gifts made during your lifetime with inheritances at death.

- You want to protect a vulnerable beneficiary, set up conditions or trusts-like arrangements available under Belgian law, or appoint a testamentary executor.

- You plan to benefit a partner, friend, or charity and want to optimize Flemish inheritance tax while avoiding techniques that no longer work.

- There is a dispute among heirs, you need to contest or defend a will, or you require mediation or a family settlement agreement.

- You are an heir who must decide whether to accept an inheritance, accept under benefit of inventory, or renounce, and you need help with deadlines and paperwork.

- You need guidance on the inheritance tax return in Flanders, valuation issues, and payment deadlines to avoid penalties.

Local Laws Overview

Types of wills - Belgium recognizes three main formats. A holographic will must be entirely handwritten, dated, and signed by the testator. A notarial will is dictated to and executed before a Belgian notary with the required formalities and witnesses. An international will under the Washington Convention is also recognized in Belgium. Any will should be stored safely. If deposited with a notary, it is registered in the Central Register of Wills so it can be found after death.

Forced-heirship - Descendants have a collective reserved share of one-half of the estate. The surviving spouse has a protected right of usufruct, at minimum over the family home and household goods, subject to conditions. Within the non-reserved portion, you can freely allocate assets to other persons or charities.

Spouses and partners - The surviving spouse enjoys significant rights of usufruct. A legally cohabiting partner has certain intestacy rights over the family home and household goods but is not a forced heir and can be overridden by will. Unmarried de facto cohabitants have no automatic protections unless provided by will or contract.

Gifts during lifetime - Since 2018, most lifetime gifts to descendants are taken into account on death at their value at the time of the gift indexed, unless special arrangements apply. Belgium allows family settlement agreements that regularize past gifts and clarify future expectations. Professional advice is important before making large gifts.

Choice of law and international estates - Under the EU Succession Regulation, the default law governing your worldwide estate is the law of your last habitual residence. You may choose in your will for the law of your nationality to apply. This can be crucial for expatriates in Hasselt or Belgians with assets abroad. A European Certificate of Succession can be issued to prove heirship across EU states that apply the Regulation.

Inheritance tax in Flanders - Flemish inheritance tax applies to the estate of a Flemish resident or Flemish-sited assets. Rates vary by relationship and value brackets. Direct-line heirs and spouses or legal cohabitants benefit from lower rates. Distant relatives and non-relatives face higher rates. Since 2021, bequests to recognized charities in Flanders are taxed at 0 percent, and the duo-legacy tax technique was largely neutralized. Flanders also introduced a friend-bequest reduction allowing a portion of a bequest to a close friend or distant relative to be taxed at a reduced rate up to a capped amount. Special regimes can apply for family businesses if strict conditions are met.

Deadlines and filings - The inheritance tax return for Flemish estates is generally due within 4 months from the date of death if the death occurred in Belgium, 5 months if in another EU state, and 6 months if outside the EU. Payment generally follows assessment. Late filing can trigger interest and penalties. Heirs must also obtain a certificate of inheritance or a notarial certificate of succession once the estate composition and heirs are clear.

Estate administration - There is no general court probate like in some countries. Notaries handle most estate settlements. Heirs choose whether to accept the estate outright, accept under benefit of inventory, or renounce. Creditors can make claims against the estate. Where there are disputes or complex assets, a notary or the family court in Limburg may get involved.

Language and formality - Notarial acts executed in Hasselt must comply with Flemish language rules. A will must be made by a person with legal capacity and free will. Joint or mutual wills between spouses are prohibited in Belgium, but succession agreements within the legal framework are allowed since 2018.

Frequently Asked Questions

What types of wills are valid in Belgium?

Belgium recognizes holographic wills handwritten, dated, and signed by you, notarial wills executed before a Belgian notary with required formalities, and international wills under the Washington Convention. A notarial will offers the highest evidentiary value and the notary ensures compliance with formalities and registration.

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

No, a holographic will is valid if it meets strict formalities. However, most people use a notarial will to avoid mistakes, to ensure it is found through the Central Register of Wills, and to receive tailored advice on forced-heirship, tax, and cross-border issues.

Can I disinherit my children?

Not fully. Children have a collective reserved share of one-half of your estate. You may distribute the other half freely. If your will infringes the reserve, descendants can claim a reduction to restore their minimum share.

What rights does my spouse have?

The surviving spouse has protected usufruct rights, including at minimum over the family home and household goods, and possibly over a larger part of the estate depending on the family situation. Your lawyer or notary can measure the precise impact for your case.

Are joint or mutual wills allowed in Belgium?

No. Joint or mutual wills between spouses or partners are prohibited and are null. Each person must make an individual will. Since 2018, certain succession agreements are allowed, but they are not joint wills and follow strict rules.

How are Flemish inheritance taxes calculated?

Rates depend on kinship and value brackets. Spouses, legal cohabitants, and direct-line heirs pay lower rates. Others pay higher rates. Bequests to recognized charities are taxed at 0 percent in Flanders. A friend-bequest reduction can apply to a limited amount for a close friend or distant relative. Speak to a professional to model your tax exposure.

What are the deadlines for the inheritance tax return?

In Flanders, the return is generally due within 4 months after death in Belgium, 5 months after death in another EU country, and 6 months after death outside the EU. Extensions may be possible in limited cases. Late filing can trigger interest and penalties.

What happens if I die without a will?

Belgian intestacy rules apply. In general, children inherit, with the spouse receiving usufruct rights. If there are no descendants, other relatives may inherit. Legal cohabitants have limited intestacy rights to the family home and household goods. Without a will, you lose flexibility for special wishes and charitable gifts.

Can I choose which law governs my estate if I live in Hasselt?

Possibly. Under the EU Succession Regulation, you can choose in your will for the law of your nationality to govern your worldwide estate. Without a choice, the law of your habitual residence at death usually applies. This is important for expatriates and cross-border families.

How do I register and update my will?

If you deposit your will with a Belgian notary, it will be registered in the Central Register of Wills, which allows authorities to locate it after your death. You can revoke or replace a will at any time while you have capacity. To avoid conflicts, work with a notary to prepare a clear revocation or replacement instrument and to ensure the latest will is properly stored and registered.

Additional Resources

Fednot - Royal Federation of Belgian Notaries - Information on wills, the Central Register of Wills, and locating a notary.

Vlaamse Belastingdienst - Erfbelasting - Flemish Tax Administration for inheritance tax forms, rates, and guidance.

Balie Limburg - The Limburg Bar Association - Find lawyers in Hasselt experienced in succession and estate planning.

Stad Hasselt - Dienst Burgerzaken - Civil registry for death certificates and local administrative formalities.

FOD Financien - Federal Public Service Finance - Certificate of inheritance in straightforward intestate cases and general tax information.

Centraal Register voor Testamenten - Belgiums register where deposited wills are recorded for post-death searches.

Centraal Register voor Zorgvolmachten en Bewind - Registration of protection mandates for incapacity planning, often coordinated with estate planning.

European e-Justice resources on the EU Succession Regulation and the European Certificate of Succession.

Next Steps

- Clarify your goals - who should inherit, who should manage the estate, special items, business continuity, and charitable wishes.

- Map your family and assets - list heirs, prior relationships, lifetime gifts, real estate, bank accounts, insurance, pensions, and any foreign assets.

- Consult a Hasselt notary and, where needed, a lawyer - confirm forced-heirship limits, tax exposure in Flanders, and cross-border implications. Ask about whether a choice-of-law clause is advisable.

- Choose the right instrument - holographic will if simple and reviewed for formalities, or preferably a notarial will for complex or cross-border estates. Consider appointing a testamentary executor and making a protection mandate for incapacity.

- Organize tax and filings - plan for the Flemish inheritance tax return timeline and how valuations will be established. Review whether charitable bequests, friend-bequest reductions, or business succession regimes fit your situation.

- Keep documents safe - store the will with a notary for registration in the Central Register of Wills. Tell your executor or key relatives which notary holds the will.

- Review periodically - revisit your plan after major life events such as marriage, divorce, birth of a child, purchase or sale of property, or a move across borders.

This guide is general information, not legal advice. Laws change and personal facts matter. For tailored advice on a will or estate in Hasselt, consult a Belgian notary and, if needed, a lawyer experienced in succession and tax.