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In Maaseik, as in the rest of Belgium, wills and succession are governed by Belgian civil law and administered with the strong involvement of notaries. Maaseik is located in the Flemish region, so Dutch is the usual language for official documents and local proceedings. Belgian succession rules include a system of compulsory inheritance rights for close family members - often called the legal reserve - and allow different types of wills. Notaries are the primary professionals who draft and register wills, advise on tax consequences and handle many formalities after a death. If you own assets outside Belgium, EU rules on cross-border succession may also apply.
Many estate matters can be handled with the help of a notary alone, but there are common situations where a specialised lawyer or an estate planning lawyer is helpful or necessary. A lawyer provides litigation advice, negotiates disputes and can represent you in court if there are challenges to a will or disagreements between heirs.
You should consider legal help if you have cross-border assets or family members in different countries - international succession rules can be complex and may affect which law applies to your estate. A lawyer with experience in EU succession rules can protect your interests and help coordinate tax and legal obligations in multiple jurisdictions.
A lawyer is often essential where the estate includes business interests, complex corporate structures, trusts or discretionary arrangements. They can assist with succession planning that preserves business continuity and minimises tax and operational disruption.
Other reasons to involve a lawyer include suspected undue influence, unclear testamentary capacity, contested wills, claims by creditors, or complex tax planning. A lawyer can also draft bespoke documents - for example detailed trust-style arrangements or tailored contractual agreements between heirs - that fall outside a notary's usual scope.
Key aspects of Belgian succession law relevant in Maaseik include:
- Legal reserve and restricted freedom of disposition - Belgian law protects certain heirs such as children and, in some cases, the surviving spouse. This means a testator cannot freely dispose of their entire estate if this would infringe the statutory reserved shares.
- Types of valid wills - The two main forms are the holographic will and the notarial will. A holographic will must be entirely handwritten, dated and signed by the testator. A notarial will is prepared and authenticated by a notary and is stored in the notary s archives, which makes it easier to locate and more difficult to challenge.
- Role of the notary - Notaries in Belgium play a central role in succession administration. They can draft wills, check registers, prepare inventories, advise about taxes and facilitate the transfer of real estate and bank accounts. Notarial wills are registered in the central register or in the notarial archives to ensure discoverability.
- Registration and the Central Register of Wills - Belgium maintains systems to register or locate wills and to ensure that a notarial will is recorded. This reduces the risk that a will will be lost after death. It is common to keep a will with a local notary to ensure it will be found when needed.
- Inheritance tax - Since 2015, inheritance tax in Belgium is regional. Maaseik is in Flanders, and inheritance tax rules and rates are set by the Flemish authorities. Tax rates, exemptions and filing obligations differ by relationship to the deceased and by region. Taxes must be declared and paid within statutory deadlines - consult a specialist for exact timelines and calculations.
- Intestacy rules - If there is no valid will, Belgian intestacy law determines the heirs and the shares they receive. Surviving spouses, children and other relatives inherit according to statutory rules that may include usufruct rights and reserved portions.
- EU Succession Regulation - If you have connections to more than one EU country, the EU Succession Regulation may allow you to choose which national law governs your succession. If no choice is made, the law of habitual residence usually applies. This is particularly important for expatriates and cross-border families.
- Language and procedure - Local offices and notaries will normally work in Dutch in Maaseik. If you are not fluent, arrange translation and legal advice in your preferred language to avoid misunderstandings.
The main valid wills are the holographic will - entirely handwritten, dated and signed by the testator - and the notarial will prepared and authenticated by a notary. A notarial will is kept in the notary s archives, which helps ensure it is discovered and reduces formal challenges. Special forms and language rules may apply, so seek professional help if unsure.
You can write a holographic will by hand, include the date and your signature, and keep it safe. Alternatively, you can ask a notary to prepare a notarial will, which the notary will register and keep. A notarial will provides additional formal certainty and ease of administration after death. Always ensure the document clearly identifies you, your wishes and your intended heirs.
Belgian law protects certain heirs through the legal reserve, so you cannot completely disinherit reserved heirs such as children without respecting their statutory share. You can distribute the freely disposable portion of your estate as you wish, but attempts to deprive reserved heirs of their legal reserve can be legally contested.
If you die intestate, Belgian law decides who inherits according to a statutory order - typically children and the surviving spouse are first in line. Shares can include full ownership or usufruct rights depending on the family situation. Intestacy can produce results you did not intend, so making a will is usually recommended.
Inheritance tax is levied by the region. Maaseik is in Flanders, where regional rules apply. Tax rates, exemptions and filing deadlines vary according to the relationship between the deceased and the heir, and according to the nature and location of assets. Calculate and report taxes with professional advice to avoid penalties.
Yes - under the EU Succession Regulation you can choose the law of your nationality to govern your succession. If you do not make this choice explicitly, the law of your habitual residence at the time of death usually applies. Choice of law can be a powerful tool for cross-border estates, but it must be clearly documented and legally effective.
Ask a local notary to check the central notarial registers or contact the notary who handled the deceased s affairs if known. Keeping a will with a notary is the most reliable way to ensure it will be found and executed.
There is no fixed timeline - straightforward estates can be settled within months, while complex or contested estates may take years. Factors that affect timing include asset types, whether real estate needs transfer, tax clearances, creditor claims, and whether heirs agree. A notary or lawyer can provide a realistic estimate for your case.
Contesting a will is a legal action that usually requires a lawyer. Grounds for contesting include lack of testamentary capacity, undue influence, formal defects or failure to respect statutory reserves. Time limits and procedural rules apply, so seek legal advice promptly if you intend to challenge a will.
Yes. Even with a modest estate, a will clarifies your wishes, can simplify administration, avoid misunderstandings and ensure your estate is distributed according to your preferences within statutory limits. A simple notarial will is often quick and inexpensive relative to the benefits of certainty and reduced family stress.
Below are institutions and professional contacts that are useful when dealing with wills and succession in Maaseik:
- Local notaries and the association of Belgian notaries - for drafting, registering and administering wills.
- The Federal Public Service Justice - for information on registration and national rules regarding wills and the central registers.
- Flemish regional tax authorities - for details about inheritance tax rules, rates and filing obligations applicable in Flanders.
- The Bar Association and local lawyers in Limburg - for litigation, disputes and complex cross-border advice.
- Municipality of Maaseik - for obtaining death certificates and local administrative procedures.
- Consulates or embassies for expatriates - for assistance with documents and cross-border matters.
If you need legal help with a will or succession in Maaseik, follow these practical steps:
- Gather key documents - identification, marriage or partnership certificates, recent wills if any, property deeds, bank details, pension and insurance information, and business documents.
- Check whether a notarial will exists by contacting a local notary or asking family members. If none exists, decide whether a holographic or notarial will is appropriate for your situation.
- Make an appointment with a local notary to discuss drafting and registering a will. If you have cross-border assets, a business, potential disputes or want to plan taxes, also consult a lawyer experienced in succession law.
- Consider tax implications and timing - seek advice on inheritance tax, exemptions and declaration deadlines in Flanders.
- Choose and inform an executor or trusted person - make sure they know where the will is kept and how to contact the notary.
- Review and update your will periodically - especially after marriage, divorce, births, deaths, major asset changes or moves abroad.
Acting sooner rather than later reduces uncertainty for your loved ones. For tailored advice, contact a qualified notary or lawyer in Maaseik who can explain options in Dutch or your preferred language and help put your arrangements in writing.
