Best Will & Testament Lawyers in Hasselt

About Will & Testament Law in Hasselt, Belgium

In Belgium, a will is a legal document that lets you decide who receives your assets and who manages your estate after your death. Hasselt is in the Flemish Region, so Flemish rules on language, inheritance tax, and administrative procedures apply alongside federal civil law. Belgian succession law contains mandatory protections for certain close relatives called reserved heirs. The notary plays a central role in preparing wills, registering them, and settling estates. You can make a simple handwritten will, a notarial will, or use the international will form. Careful planning helps you respect reserved shares, manage taxes, and avoid disputes.

Why You May Need a Lawyer

People often seek a lawyer or notary in Hasselt for several reasons. You may need to structure gifts and legacies while respecting the reserved rights of children and possibly a spouse or legal cohabitant. You may want to name a guardian for minor children or put protections in place for a vulnerable adult child through administration of property. Blended families, cross border estates, or significant business or real estate holdings make planning more complex. You may need to choose the law that will govern your succession if you have multiple nationalities or live abroad, using the EU Succession Regulation. You may want to reduce inheritance tax for beneficiaries in Flanders by using lifetime gifts, exemptions, and the family home rule. If a loved one has died, you may need help unblocking bank accounts, filing the inheritance tax return on time, and dividing the estate fairly. A lawyer or notary can also help you contest or defend a will if there are concerns about capacity, undue influence, or formal defects.

Local Laws Overview

Types of wills. Belgium recognizes three main forms. A holographic will is handwritten, dated, and signed entirely by the testator. An authentic will is dictated to a notary and signed in the presence of the notary plus two witnesses or a second notary. An international will follows a uniform form that is signed before a notary and witnesses. Electronic or typed wills that are not authentic or international are not valid. Joint wills in one document are prohibited in Belgium.

Registration. Notaries register the existence of wills in the Central Register of Wills so they can be found after death. The content stays confidential during your lifetime. You can deposit a handwritten will with a notary for safe keeping and registration.

Reserved heirs and forced share. Belgian law protects certain heirs. Descendants collectively have a reserved share equal to half of the estate. The surviving spouse has a reserved right of usufruct on part of the estate, including strong protection over the family home and household effects. Legal cohabitants have a limited reserved right of usufruct over the family home and household effects. These protections limit how much you can freely give away. Your will can be reduced by a court if it violates a reserved share.

Gifts and clawback. Lifetime gifts are taken into account when balancing between heirs and can be reduced if they infringe a reserved share. The 2018 reform updated how gifts are valued and allowed more flexibility through family pacts. Proper drafting can minimize disputes later.

Matrimonial property. What falls into the estate depends on your marital property regime. Belgium allows separation of property, community of acquisitions, and participation regimes. The surviving spouse first receives his or her matrimonial share before inheritance rules apply. Reviewing your marriage contract is essential for accurate planning.

Choice of law and cross border estates. Under the EU Succession Regulation, the law of the deceased's last habitual residence will usually govern the entire estate. A person may choose the law of his or her nationality instead. This is very useful for internationals in Hasselt or Belgians living abroad. The choice of law must be made clearly, usually in a will.

Executors and administration. You can appoint an executor to implement your will. After death, heirs can accept, accept under benefit of inventory, or renounce the inheritance. Banks typically block accounts until a notarial certificate of heirship or court attestation is produced. Notaries coordinate inventories, settlement of debts, and partition.

Language and formality in Flanders. Authentic notarial deeds in Hasselt must be drawn up in Dutch. If you do not speak Dutch, the notary will arrange translation and explain the deed. Handwritten wills should be written in a language you fully understand to avoid disputes.

Flemish inheritance tax. In Flanders, beneficiaries owe inheritance tax called erfbelasting. Rates are progressive and depend on the relationship to the deceased, with lower rates for spouses, legal cohabitants, and direct line descendants, and higher rates for more distant beneficiaries. The family home is fully exempt for the surviving spouse or legal cohabitant. Approved charities inherit at a 0 percent rate. Filing deadlines are strict. For a death in Belgium, the inheritance tax return is generally due within four months, with extended deadlines if the death occurred abroad. The Flemish Tax Authority handles assessments and payments.

Frequently Asked Questions

What types of wills are valid in Belgium

Three forms are valid. A holographic will that is fully handwritten, dated, and signed by you. An authentic will made before a notary with witnesses. An international will signed before a notary and witnesses following a standard form. Typed documents that are not executed as an authentic or international will are not valid. Belgian law does not allow joint wills in one document.

Do I need a notary to make a will

No, a handwritten will is valid if it is entirely written, dated, and signed by you. However, using a notary is strongly recommended. The notary ensures legal compliance, advises on reserved shares and taxes, registers the will so it can be found, and prevents ambiguity. An authentic will also reduces the risk of challenges about capacity or formalities.

Can I leave everything to my spouse if I have children

Not entirely. Children are reserved heirs and collectively must receive at least half of your estate. You can grant your spouse protections such as usufruct over certain assets, especially the family home, but you cannot freely deprive descendants of their reserved share. A notary can structure clauses to protect the spouse while respecting children’s rights.

What rights does a legal cohabitant have

A legal cohabitant has a reserved right of usufruct over the family home and household effects, but does not have the same broad inheritance rights as a married spouse. De facto cohabitants who are not legally registered have no automatic inheritance rights. If you want a partner to inherit, you should make a will.

How are stepchildren treated

Stepchildren are not reserved heirs unless adopted. You can provide for a stepchild by will or through lifetime gifts. Tax treatment may differ from biological or adopted children. Proper planning is needed to balance family expectations and minimize taxes.

What are the inheritance tax rules in Flanders

Flanders applies progressive rates based on the relationship to the deceased. Spouses, legal cohabitants, and direct line heirs benefit from lower brackets. More distant heirs face higher rates. The surviving spouse or legal cohabitant pays no inheritance tax on the family home. Recognized charities pay 0 percent. Thresholds and rates change periodically, so verify current figures with the Flemish Tax Authority before planning or filing.

How quickly must the inheritance tax return be filed

For a death in Belgium, the return is generally due within four months of death. If the death occurred elsewhere in Europe, the deadline is often five months. If outside Europe, it is often six months. Interest and penalties can apply for late filing or payment. Extensions may be possible in limited cases but should be requested promptly.

Can I make a digital or video will

No. Belgian law does not recognize purely electronic or video wills. To be valid, a will must be handwritten and signed by you, or executed before a notary in the authentic or international form. You can store digital copies for reference, but they do not replace legal formalities.

What if I have assets or heirs in different countries

Cross border estates are common in Hasselt. The EU Succession Regulation usually applies the law of your last habitual residence to your worldwide estate, but you can choose the law of your nationality in your will. You may still face foreign property or tax rules for assets located abroad. Coordinate your Belgian will with foreign advice to avoid conflicts and double taxation.

How can I change or revoke my will

You can revoke or replace your will at any time while you have capacity. The safest method is to make a new will with a revocation clause and deposit it with a notary for registration. Destroying a handwritten will may not be enough if copies exist or if the will was registered, so consult a notary to ensure a clean revocation. Review your plan after life events such as marriage, divorce, birth of a child, or major purchases.

Additional Resources

Local notaries in Hasselt can advise on wills, family pacts, and estate settlement. The Central Register of Wills records the existence of wills deposited with notaries across Belgium. The Flemish Tax Authority provides forms and guidance for inheritance tax and can clarify deadlines and exemptions applicable in Flanders. The Justice of the Peace court in Hasselt can issue attestations of heirship in certain cases and handles renunciations or acceptance under benefit of inventory. The Federation of Notaries publishes plain language guides on succession, matrimonial property, and gifts. Consumer protection services and family mediation centers can help with disputes among heirs. Charities and foundations in Flanders can provide information about receiving legacies and formal requirements for bequests.

Next Steps

Clarify your goals. List your assets, debts, family situation, and any special wishes such as guardianship for minors or support for a vulnerable beneficiary. Identify cross border elements and business interests. Decide who should act as executor or administrator.

Consult a notary or lawyer in Hasselt. Bring identification, your marriage contract or cohabitation documents, previous wills, and any gift records. Ask about reserved shares, usufruct planning for a spouse or partner, and tax impacts in Flanders. If relevant, discuss choosing the law of your nationality under the EU Succession Regulation.

Choose the right instrument. For simple wishes, a carefully drafted handwritten will may suffice, but most people benefit from an authentic notarial will. Consider complementary tools such as a family pact, a durable mandate for incapacity, and lifetime gifts with clear documentation.

Register and store documents safely. Deposit your will with a notary so it is registered in the Central Register of Wills. Keep copies of key documents and tell a trusted person which notary holds the original.

After a death, act within deadlines. Contact a notary promptly to obtain a certificate of heirship, unblock accounts, prepare an inventory, and file the Flemish inheritance tax return on time. Decide whether to accept, accept under benefit of inventory, or renounce. Keep records of funeral costs, debts, and valuations of assets.

Review periodically. Update your plan after major life events or legal changes in Flanders and Belgium. Regular reviews help keep your will aligned with your family, assets, and current law.