Best Will & Testament Lawyers in Mechelen

About Will & Testament Law in Mechelen, Belgium

A Will and Testament is a legally binding document that enables individuals to determine how their assets and property will be distributed after their death. In Mechelen, Belgium, such matters are governed by the national Civil Code, but local practices and language requirements often play a role. Creating a Will allows you to secure the future of your loved ones, designate heirs, appoint executors, and clarify your final wishes regarding property, inheritance, and care for minors.

Why You May Need a Lawyer

While it is possible to draft a Will on your own in Belgium, seeking legal advice ensures that your document meets all legal requirements and is less likely to be contested or deemed invalid. Common situations where people in Mechelen may require legal help with Wills and Testaments include:

• Ensuring your Will complies with Belgian law regarding forced heirship and formal requirements
• Complex family situations, such as blended families or heirs abroad
• Desire to exclude certain family members or provide for non-family beneficiaries
• Ownership of property or assets in multiple countries
• Setting up trusts or appointing guardians for minor children
• Concerns about inheritance taxes and optimizing your succession plan
• Reviewing and updating existing Wills after major life changes (marriage, divorce, new children, etc.)

Local Laws Overview

Key aspects of local laws relevant to Wills and Testaments in Mechelen are:

• Belgium enforces forced heirship rules, meaning certain close relatives (mainly children and, in some cases, spouses) cannot be entirely disinherited and are entitled to a reserved portion of your estate.
• Belgian law recognizes three main types of Wills: holographic (handwritten), notarial (executed before a Belgian notary), and international Wills.
• Holographic Wills must be entirely handwritten, dated, and signed by the testator to be valid. No witnesses are required.
• For added certainty, a notarial Will is recommended. It is drafted and stored by a Belgian notary, ensuring compliance with all formalities and easier administration after death.
• Inheritance tax is levied on the beneficiaries and rates vary depending on the relationship and value of the inheritance.
• Belgium has adopted the European Succession Regulation, meaning residents' estates are generally governed by the law of their habitual residence unless otherwise stated in their Will.
• Wills can be changed or revoked at any time, provided the testator has legal capacity.

Frequently Asked Questions

Who can make a Will in Mechelen, Belgium?

Any person over the age of 16, provided they have mental capacity, can make a Will in Belgium.

Do I need a notary to make a Will in Mechelen?

No, a notary is not strictly required. You can make a valid handwritten Will. However, involving a notary ensures your Will is correctly executed and safely stored.

Can I disinherit my children or spouse?

Not entirely. Belgian forced heirship rules entitle certain close family members to a reserved portion of your estate, which cannot be overridden.

How do I store my Will?

A handwritten Will should be kept in a safe place, preferably with a trusted person or registered through a notary. Notarial Wills are kept in the notary’s archives and registered in the Central Register of Wills.

What happens if I die without a Will?

If you die intestate (without a Will), your estate is distributed according to Belgian legal succession rules, which may not reflect your personal wishes.

Can foreigners make a Will in Mechelen?

Yes. Foreigners living in Mechelen can make a Will. The choice of applicable succession law should be stated in the Will, especially if you have assets in different countries.

What are the inheritance tax rules in Mechelen?

Inheritance tax in the Flemish Region (where Mechelen is located) is calculated based on the share inherited and the relationship to the deceased. Spouses and children pay lower rates compared to distant relatives or unrelated beneficiaries.

How can I change or revoke my Will?

You can amend or revoke your Will at any time as long as you have legal capacity. Destroying the old Will or making a new Will with a revocation clause is the usual method.

Can I include funeral wishes in my Will?

Yes, you may add instructions regarding your funeral and burial. However, these are generally considered non-binding. It is also wise to inform your family or executor of your wishes directly.

What if my heirs disagree with my Will?

Heirs may contest your Will in court on valid grounds such as incapacity, undue influence, or failure to comply with legal formalities. Engaging a lawyer helps minimize such risks.

Additional Resources

If you need more information or support regarding Wills and Testaments in Mechelen, consider these resources:

• Flemish Notarial Association (Fednot) - Offers public education and can help you contact a local notary
• Central Registry for Wills (Centraal Register der Testamenten) - To check registration status of Wills
• Local notary offices in Mechelen - For direct legal advice and execution of notarial Wills
• Flemish Tax Authority (Vlaamse Belastingdienst) - For guidance on inheritance tax rates and exemptions
• Legal aid offices (Bureau voor Juridische Bijstand) - Provide assistance if you have limited financial means

Next Steps

If you need legal assistance with a Will or Testament in Mechelen, Belgium, you should:

• Reflect on your wishes, assets, and whom you want to benefit from your estate
• Gather relevant personal and property information
• Consult a local notary or lawyer, especially if your situation is complex or involves non-Belgian assets
• Discuss your options, taking into account Belgian succession law and tax implications
• Draft your Will with professional guidance to ensure validity and compliance
• Consider discussing your decisions with family or executors to avoid misunderstandings in the future

Legal professionals in Mechelen can provide tailored advice and handle all formalities, giving you peace of mind that your wishes will be respected.