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Wills and testaments in Belgium are governed primarily by the Belgian Civil Code. Whether you live in Saint-Nicolas in Wallonia or Sint-Niklaas in Flanders, the basic legal framework for making a will, the rights of heirs, and the role of a notary are set by federal law. Important practical details - such as inheritance tax rates and the administrative office where tax returns must be filed - are handled at the regional level. That means where your municipality sits - Flanders, Wallonia, or Brussels-Capital - can affect taxes and some procedures.
Belgian law recognizes several formal types of wills. A will can be handwritten and signed by the testator, prepared and kept by a notary, or deposited in sealed form with a notary. Because Belgian succession rules include compulsory shares for close family members, it is important to plan carefully if you wish to distribute your estate in a particular way.
Many situations involving wills benefit from legal advice. Common reasons to consult a lawyer include:
- Creating a clear, legally valid will when you have complex assets, a business, real estate, or assets in multiple countries.
- Resolving family complexity such as second marriages, stepchildren, unmarried partners, or adopted children.
- Challenging or defending a will - for example when there are allegations of undue influence, lack of capacity, or formal defects.
- Planning to minimize taxes or to structure the estate to respect forced heirship rules while achieving your objectives.
- Selecting and instructing an executor or administrator and drafting detailed legacies or conditions.
- Dealing with cross-border succession issues when you or heirs live outside Belgium or you own property abroad.
- Handling disputes between heirs, creditor claims against an estate, or complicated distributions of family-owned companies.
Key elements of Belgian succession law that are particularly relevant if you live in Saint-Nicolas include:
- Forced heirship - Certain close relatives have a reserved portion of your estate that you cannot freely dispose of. The reserved portion protects children and, in certain family situations, the surviving spouse. The exact share depends on family composition and the overall size of the estate.
- Types of wills - The main recognized types are a handwritten will signed and dated by the testator, a notarial will prepared and recorded by a notary, and a sealed or secret will deposited with a notary. Notarial wills offer strong proof of validity and are kept in the notarial archives.
- Notary role - Notaries play a central role in Belgian succession law. They can prepare wills, keep them in a secure register, calculate legal shares and taxes, assist with property transfers, and prepare the notarial deeds heirs often need to transfer ownership of real estate or business interests.
- Regional taxes and procedures - Inheritance taxes are levied at the regional level. Saint-Nicolas might be in a French-speaking Walloon area or in a Dutch-speaking Flemish area. The tax rates, exemptions, and filing offices differ by region, so the regional authority where the deceased lived or where immovable property is located will determine the applicable rules.
- Matrimonial property regime - Your marriage contract or default matrimonial regime influences which assets form part of the estate. Options such as community property or separation of property affect what is available to be distributed by will.
- Language and official documents - Official procedures are conducted in the region's official language - Dutch in Flanders, French in Wallonia, and both English and other languages are unofficial. Legal documents submitted to local authorities or courts should be in the official language or accompanied by a certified translation.
You can make a valid will by following one of the recognized forms: writing it entirely by hand, dating it, and signing it yourself; having a notary draft and record the will; or depositing a sealed will with a notary together with required formalities. Each form has formal requirements that must be respected for the will to be valid.
No - a handwritten (holographic) will can be valid without a notary if it is entirely in your handwriting, is dated, and is signed. However, using a notary can reduce the risk of challenges, ensures the will is registered in a secure archive, and helps you understand forced heirship rules and tax consequences.
Belgian law protects certain close relatives with reserved portions. You cannot fully disinherit children and in many cases the surviving spouse has statutory rights. You can allocate the disposable portion of your estate freely, but the forced heirship rules limit total freedom. Consult a notary or lawyer to see how these rules apply to your family.
If you die intestate, Belgian law sets the order of heirs and the shares they receive. Typically close family members inherit according to statutory rules - spouse, children, parents, siblings, and so on. Intestacy can produce results you did not expect, so a will allows you to control distribution subject to compulsory shares.
Inheritance taxes are charged by region - Flanders, Wallonia, and Brussels-Capital each set their own rates, exemptions, and filing rules. Rates depend on the relationship between the deceased and the heir and on what is inherited. Because the rules differ by region and can change, get local advice to understand the tax impact.
Yes, you can include foreign assets in a Belgian will, but cross-border succession can be complex. The law that applies may depend on where you habitually lived, the location of the assets, and any choice-of-law clauses. For assets abroad, you may need separate wills or coordinated planning with lawyers in other countries to avoid conflicts and double taxation.
Choose someone you trust who is organized and able to handle administrative and sometimes technical tasks - paying debts, filing tax returns, distributing assets, and communicating with heirs. You can name a notary, a family member, a trusted friend, or a professional executor. Specify your choice clearly in your will and provide contact information and guidance.
You can revoke or change a will at any time while you have testamentary capacity. This can be done by creating a new valid will that expressly revokes earlier ones, by destroying a holographic will, or by executing a revocation formalized with a notary. Keep records so it is clear which document is current.
Yes. Heirs or interested parties can contest a will on grounds such as lack of capacity, undue influence, mistake, or failure to meet formal requirements. Time limits and specific procedures apply. Litigation can be costly and emotional - mediation or negotiation is often recommended when possible.
Gather identification documents, marriage or partnership contracts, birth certificates for children, recent bank statements, property deeds, life insurance policies, business documents, mortgage and loan details, and any previous wills. Also prepare a list of heirs, their contact information, and information about any wishes for funeral arrangements or guardianship for minor children.
Useful resources and institutions to contact when you need help include:
- The local municipal office of Saint-Nicolas - to confirm your official residence, register documents, and learn about local administrative steps.
- The notarial profession - notaries can draft and safely store wills and guide you through succession formalities.
- Regional tax authorities - the tax office for Flanders, Wallonia, or Brussels-Capital handles inheritance tax matters and filing rules.
- Bar associations and law societies - they can help you find qualified succession lawyers in your area.
- Consumer and seniors organizations - many provide guidance and checklists on wills and end of life planning in an accessible format.
If you need legal assistance with a will in Saint-Nicolas, take these practical steps:
- Confirm which Saint-Nicolas applies to you - check whether you are in a Flemish municipality or a Walloon municipality to determine the correct regional tax rules and official language.
- Gather key documents - identity papers, marriage or partnership agreements, property deeds, bank statements, insurance policies, business agreements, and any prior wills.
- Decide on your main wishes - who you want to inherit, any specific gifts or conditions, and who should act as executor or guardian for minors.
- Consult a notary or a lawyer who specializes in succession law - they will explain forced heirship, draft or review a will, and advise on tax and cross-border issues.
- Register or deposit your will - consider a notarial will or deposit so the document is stored securely and its existence is known to the proper offices.
- Keep your will under review - update it after major life changes such as marriage, divorce, birth of children, significant changes in assets, or moves between regions or countries.
Getting professional advice early will reduce uncertainty, help protect your loved ones, and ensure your wishes are carried out in line with Belgian law and the regional rules that apply where you live.
