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This guide gives a clear, practical overview of wills and testamentary rules that apply to people in Lessines, a municipality in the Walloon Region of Belgium. Belgian succession law is governed by national civil law and regional tax rules. In practice you will deal with national legal rules on who may inherit and how a will must be made, and with regional authorities for inheritance tax matters - in Lessines that means Walloon-region tax rules apply. Wills can be simple or complex, and many people use a notary to make sure a testament is legally valid and enforceable.
People seek legal assistance in will and succession matters for several common reasons:
- Drafting a clear, legally valid will when family relationships are complex - for example blended families, children from different relationships, or business interests.
- Understanding and protecting the rights of reserved heirs - under Belgian law certain relatives have a legal right to a reserved portion of the estate, and a lawyer or notary can explain the limits on disinheritance and how legacies will be interpreted.
- Dealing with disputes - if heirs contest a will, claim incapacity, or allege undue influence, you will need a lawyer to represent you in court.
- Cross-border issues - if you own property abroad or live abroad, succession can involve EU rules and foreign law. A specialist can advise on choice of law and avoid unintended tax or legal consequences.
- Tax planning and estate administration - lawyers and notaries advise on tax-efficient transfers, obligations to file declarations, and the formal procedures for transferring ownership of property and financial assets.
Key aspects of Belgian and local law that are particularly important in Lessines include the following:
- Forced heirship and reserved portion - Belgian law protects certain close relatives, usually descendants and the spouse, by guaranteeing them a reserved portion of the estate. A testator cannot freely dispose of those reserved shares, so wills must be drafted with those limits in mind.
- Valid forms of a will - Belgian law recognizes several forms of testamentary disposition. The most commonly used are notarial wills (drawn up by a notary), holographic wills (entirely handwritten, dated and signed by the testator), and closed or secret wills. Notarial wills give the highest legal certainty because a notary records the identity and capacity of the testator and ensures formal requirements are met.
- Capacity and formalities - to make a valid will you must have the required testamentary capacity and meet form requirements. Minors generally do not make wills unless they are emancipated in the specific legal sense - a notary or lawyer will confirm eligibility and advise on the correct form.
- Intestate succession - if there is no valid will, Belgian intestacy rules determine who inherits. Priority usually goes to the spouse and descendants, then ascending relatives and collateral relatives. Marital property regimes and the existence of a legal cohabitation agreement can change how assets are divided.
- Marital and cohabitation status - rights of married spouses are stronger than those of unmarried partners. Legal cohabitation and de facto cohabitation have different consequences for inheritance and property; partners who are not married often need explicit testamentary provisions to leave assets to each other.
- Regional inheritance tax - inheritance tax rules and rates are set by Belgium's regions. As a resident of Lessines you should plan with Walloon-region tax rules in mind. Tax rates and allowances depend on the degree of kinship between the deceased and the heir and on the type and value of assets.
- Estate administration and notarial role - in Belgium, notaries commonly handle probate formalities, prepare inventories, and ensure legal transfer of property. For contested successions you will involve a lawyer and possibly the courts.
Belgium recognizes notarial wills, holographic (handwritten) wills, and secret or closed wills. Notarial wills are made before a notary and provide the most legal certainty. A holographic will must be entirely written, dated and signed by the testator to be valid. A notary can explain which form best fits your circumstances.
You do not always need a notary - a valid holographic will can be made privately - but a notary is strongly recommended because a notarial will avoids many formal defects, provides proof of capacity, and is easier to locate and execute after death. A notary also advises on tax and forced-heirship consequences.
Because of forced-heirship rules, you cannot fully disinherit certain protected heirs - mainly descendants and, in many cases, the spouse. You can leave assets away from other relatives, or make specific gifts, but any disposition that infringes the reserved portion may be reduced by the courts or by the heirs who are protected.
If there is no valid will, Belgian intestacy rules apply. Assets are distributed according to the statutory order of heirs. The living spouse, children, parents and other relatives may inherit depending on who survives the deceased. Property transfer and debt settlement continue following formal succession procedures, typically with the involvement of a notary.
Inheritance taxes in Lessines are governed by Walloon-region rules. Rates and exemptions depend on the relationship between the deceased and the beneficiary and on the type and value of the assets. Because regional rules change and calculations can be complex, consult a notary or tax professional for an accurate assessment in your case.
Yes, but cross-border successions are complex. EU rules may allow you to choose the law of your nationality to govern your succession, which can affect how your will is interpreted in different states. If you own property in another country, seek advice from a lawyer or notary experienced in international succession to avoid conflicting rules or unexpected taxes.
You can revoke a will by making a later valid will that expressly revokes earlier ones, or by drawing up a formal revocation. A notary can record the revocation and ensure it is clear. Destroying a holographic will might be effective, but formal steps with a notary avoid later disputes.
Time to settle an estate varies widely. Simple estates may be settled in a few months once all documentation is available and taxes are paid. Complex estates with real estate, businesses, foreign assets, or disputes can take a year or more. Prompt action to gather documents and professional advice speeds up the process.
Prepare a list of your assets and liabilities, copies of property titles, bank and investment account details, details of any company ownership, a list of potential heirs and their contact information, and any existing testamentary documents. Also be ready to discuss your marital status and any cohabitation agreements.
A will may be challenged for reasons such as lack of testamentary capacity, undue influence, forgery, or because it infringes the reserved portion of protected heirs. The challenge process is judicial and usually requires a lawyer. Time limits apply for bringing an action, so seek advice promptly if you believe a will is invalid or unfair.
Below are local and national resources that can help people in Lessines dealing with wills and succession:
- Local notaries - a notary in Lessines or the nearby Hainaut area will help draft and register wills and handle succession formalities.
- Bar association and lawyers - for contested successions engage a lawyer who specialises in inheritance law. The local or provincial bar can help you find a qualified attorney.
- Walloon tax authorities - for up-to-date information on inheritance taxes, exemptions and regional procedures consult the Walloon tax administration or ask your notary to calculate obligations.
- Belgian notariat organisations - national notary institutions maintain guidance on types of wills and legal formalities.
- EU succession information - if you have cross-border elements, information on the EU Succession Regulation helps explain choice-of-law options and cross-border rules.
If you need legal assistance regarding a will or succession in Lessines, use the following practical steps:
1. Gather documents - prepare a clear inventory of assets, debts, family status, property deeds and any existing testamentary documents.
2. Decide your objectives - think about who you want to benefit, whether you need to protect minor children or a business interest, and whether tax planning is a priority.
3. Consult a notary for drafting - for most people a notary is the best first contact to ensure your will is valid and to register it in the notarial records.
4. Engage a lawyer if dispute risk exists - if your situation is contentious, involves litigation, or is cross-border, hire a lawyer experienced in inheritance law.
5. Review periodically - life changes such as marriage, divorce, births or new property should prompt an update to your will.
6. Keep records and inform an executor - store the will safely, tell a trusted person where it is kept, and name an executor or a trusted notary to ensure your wishes are carried out.
If you are unsure where to start, contact a local notary in Lessines for an initial consultation - they can explain formal requirements, the effect of forced-heirship rules, and the likely tax consequences for your family. Early planning reduces disputes and helps ensure your wishes are respected.
