Best Will & Testament Lawyers in Herentals

About Will & Testament Law in Herentals, Belgium

A Will & Testament is a legal document that allows an individual to determine how their assets and property will be distributed after their death. In Herentals, Belgium, wills must comply with both national and regional laws, as well as any specific requirements that may apply locally. Belgian inheritance law is known for its detailed regulations regarding the division of estates and protection of heirs. Making a valid will ensures your wishes are respected and may simplify the process for your loved ones during a difficult time.

Why You May Need a Lawyer

Many people believe creating a will is straightforward, but legal complexities often arise. You may need a lawyer for guidance in these situations:

• You have assets or properties in multiple countries or regions.
• You wish to exclude a legal heir or divide your estate unequally.
• There are minor children or vulnerable heirs requiring special arrangements, like a guardianship or trust.
• You have business interests or complicated financial portfolios.
• You want to reduce inheritance taxes or ensure tax efficiency.
• There is family conflict or a high likelihood of a will being contested.
• You want to set conditions on receiving an inheritance.

Legal advice can ensure your will is valid, clear, and fully reflects your wishes.

Local Laws Overview

Belgian law imposes strict rules on inheritance, known as "forced heirship." Certain relatives, mainly children and spouses, are entitled to a minimum share of your estate. This portion cannot be denied by a will. The law distinguishes between "reserved heirs" (those entitled to this share) and the "disposable portion" (the part you can freely assign in your will).

Types of wills recognized in Belgium include:

• Holographic (handwritten) will: Written, dated, and signed entirely by hand by the testator.
• Notarial will: Drawn up with the assistance of a notary and signed before two witnesses.
• International will: For people with assets or interests in several countries.

Wills must meet certain formalities to be valid and are subject to strict interpretation. In Herentals, as in the rest of Belgium, notaries play a key role in handling and registering wills, especially for ensuring their legal force and safe-keeping. It is essential to comply with these local requirements to avoid having your will invalidated.

Frequently Asked Questions

What happens if I die without a will in Herentals, Belgium?

If you die intestate, meaning without a valid will, your estate will be distributed according to Belgian statutory inheritance rules. This typically prioritizes spouses, children, and other close relatives in a fixed order.

Can I disinherit my children or spouse?

Belgian law protects certain heirs. Children and, in some cases, spouses are entitled to a reserved portion of your estate. While you can make arrangements for the disposable portion, complete disinheritance is usually not possible.

Do I have to use a notary to make a will?

No, you can create a handwritten (holographic) will yourself. However, involving a notary ensures that your will meets all legal formalities and can help prevent disputes or ambiguities later on.

Can I change my will after it is made?

Yes, you can update or revoke your will at any time, provided you have full legal capacity. Changes should be made formally to avoid confusion or legal challenges.

Are there inheritance taxes in Herentals?

Yes, inheritance tax applies in Flanders (which includes Herentals). Tax rates vary depending on your relationship to the deceased and the value of assets received. Consulting a legal expert can help with tax planning.

What if I own property outside Belgium?

Assets located in other countries may be subject to different inheritance laws. Cross-border situations often require specialized legal advice to ensure your wishes are honored and taxes minimized.

How is the value of my estate determined?

All your assets and liabilities at the time of death are assessed, including property, money, investments, and personal items. Accurate valuation is important for fair distribution and tax calculation.

What should I include in my will?

You should list all significant assets, name your beneficiaries, specify any special gifts, and appoint an executor. You may also include instructions for guardianship of minors or funeral arrangements.

What role does a notary play in Herentals?

A notary can draft, register, and store your will. Notaries also play a crucial role in administering estates, ensuring legal compliance, and facilitating the transfer of assets to heirs.

When should I review my will?

Review your will after major life events such as marriage, divorce, birth of children, significant changes in assets, or if laws change. Regular reviews help keep your will accurate and enforceable.

Additional Resources

You may find the following resources helpful if you are seeking more information or legal assistance:

• Belgian Notaries (Notaris.be) - Provides general information on wills, inheritance law, and finding a notary.
• Flemish Tax Administration (Vlaamse Belastingdienst) - Offers guidance on inheritance taxes in Flanders.
• Local notaries in Herentals - For personalized advice and will registration.
• Legal aid centers (Juridisch Loket) - Offer support and guidance for those on lower incomes.
• The city administration of Herentals - For local administrative support and documentation.

Next Steps

If you need assistance with your will and testament in Herentals, consider the following steps:

• Make a list of your assets, liabilities, and intended beneficiaries.
• Think about any special wishes or unusual circumstances in your family or estate.
• Contact a local notary or solicitor with experience in Belgian inheritance law for personalized advice.
• Prepare any necessary documents for your consultation, such as proof of ownership, family records, or prior wills.
• Discuss your wishes openly and review your options regarding inheritance distribution, tax implications, and cross-border issues.
• Ensure your will complies with all formal legal requirements to be valid and enforceable.

Taking these steps with professional guidance will help you secure peace of mind, knowing your wishes will be respected and the process for your loved ones will be as smooth as possible.