Best Will & Testament Lawyers in Liège

About Will & Testament Law in Liège, Belgium

Wills and testaments are essential legal documents for people who wish to determine how their assets and property will be distributed after their death. In Liège, Belgium, these laws are mainly governed by the Belgian Civil Code, which applies nationwide, although there may be local practices or language-specific considerations. A will, also known as a "testament," allows individuals to designate heirs, allocate specific possessions, and appoint guardians for minor children. Without a valid will, Belgian inheritance law strictly decides who inherits and in what proportions under the rules of forced heirship.

Why You May Need a Lawyer

Legal advice is highly recommended when creating or updating a will in Liège, Belgium. Here are some common situations where a lawyer’s guidance can be invaluable:

• If you own significant or complex assets, including international holdings or businesses
• If you wish to exclude certain statutory heirs or distribute your estate in an unconventional manner
• If you are part of a blended family with children from different relationships
• When you want to minimize inheritance taxes or structure bequests for tax efficiency
• If you are concerned about the validity and form of your will
• In cases involving disabled or vulnerable heirs who require special protections
• When disputes among potential heirs are likely or already ongoing

Local Laws Overview

Belgian law, including in Liège, has several unique features regarding wills and inheritance:

• Forms of wills: There are generally three accepted types of wills in Belgium - holographic (handwritten, dated, and signed by the testator), notarial (executed before a notary in the presence of two witnesses), and international wills (as per the Washington Convention).
• Forced heirship: Belgian law protects the rights of certain close relatives (children, spouse, parents) to receive a minimum portion of your estate, regardless of what your will states. This is called the “reserved portion.”
• Inheritance taxes: Inheritance tax rates in Wallonia (the region including Liège) vary depending on the relationship to the deceased and the value inherited. Rates for close relatives are lower, but can be significant.
• Language requirements: The language of your will must be clear and in a language you understand. In Wallonia, French is most commonly used, but wills in Dutch or German are also possible, provided the testator understands the document.
• International considerations: If you own property or have family members abroad, European Union regulations may come into play regarding applicable law and jurisdiction.

Frequently Asked Questions

What happens if I die without a will in Liège?

If you die without a valid will in Liège, your estate is distributed according to Belgian legal succession rules. This means your spouse, children, parents, and possibly other relatives receive fixed shares as determined by law, with no consideration for any wishes you may have expressed informally.

Who can make a will in Belgium?

Anyone over the age of 16 and of sound mind can make a will in Belgium. However, certain restrictions apply for minors and those under guardianship.

Can I exclude my children or spouse from my inheritance?

No, you cannot fully exclude your children, spouse, or sometimes parents due to the rules on forced heirship. These relatives are entitled to a “reserved portion” of your estate by law.

Is a handwritten will valid in Liège?

Yes, a handwritten will, known as a holographic will, is valid if it is entirely written, signed, and dated by the testator. However, handwritten wills may be more difficult to authenticate and are sometimes challenged, so legal assistance is recommended.

Can foreigners make a will in Liège?

Yes, foreigners can make a will in Liège for assets in Belgium. However, their nationality and place of residence can affect which laws apply. European regulations allow some flexibility to choose the law that will govern their estate.

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

For a notarial will, a notary is required, and this type offers more protection against challenges and loss. It is also kept in a central registry. While not mandatory for other forms, consulting a notary is strongly advised to ensure validity.

How are inheritance taxes calculated?

Inheritance taxes in Wallonia depend on the value inherited and the family relationship of the heir to the deceased. Rates rise progressively and must be paid by the beneficiary. A lawyer or notary can provide estimates suited to your situation.

How do I change my will?

You can change your will at any time, as long as you are of sound mind. This is done by making a new will or adding a legally recognized amendment called a codicil. It is important to clearly state that the new document revokes previous wills.

What if I own property outside Belgium?

If you own assets abroad, international succession rules may apply. Some countries do not recognize Belgian wills or forced heirship. It is recommended to seek legal advice regarding cross-border estates to properly plan and structure your will.

Where is my will kept and is it confidential?

A notarial will is kept by the notary and registered in the Central Register of Wills. Your will remains confidential until your death, when it is disclosed to the heirs and relevant authorities. Holographic wills can be deposited with a notary for safekeeping.

Additional Resources

Various resources and institutions can assist with will and testament matters in Liège:

• Notariat (Notary offices): Notaries are legal professionals in Belgium, equipped to draft, register, and store wills and provide related advice.
• Belgian Association of Notaries (Fednot): Provides information and guidance on notarial matters, including inheritance law.
• Walloon Tax Administration (SPW Fiscalité): Can provide information on inheritance taxes applicable in Liège.
• Local legal aid services: If you cannot afford a lawyer, look for government-supported legal aid bureaus providing assistance at a reduced rate or for free.
• Central Register of Wills (CRT): Ensures your will is recorded and easily retrievable when needed by heirs and legal authorities.

Next Steps

If you require legal assistance with wills and testaments in Liège, consider the following steps:

• Make a list of your assets, debt, and intended heirs to clarify your wishes before meeting a professional.
• Decide the form of will you prefer and consider your family situation, including any special needs or complex circumstances.
• Contact a lawyer or notary specializing in inheritance law to discuss your options and ensure compliance with all legal requirements.
• Ask about the estimated costs, necessary documentation, and possible tax implications.
• Keep your will updated as your circumstances change, such as marriage, divorce, the birth of children, or acquisition of assets abroad.
• If in doubt, seek clarification from local legal or notary authorities before signing any documents.

Taking these steps ensures your wishes are respected and reduces the risk of disputes or complications for your loved ones after your death.