Best Will & Testament Lawyers in Woluwe-Saint-Pierre - Sint-Pieters-Woluwe

About Will & Testament Law in Woluwe-Saint-Pierre - Sint-Pieters-Woluwe, Belgium

Wills and succession in Woluwe-Saint-Pierre - Sint-Pieters-Woluwe are governed primarily by Belgian federal civil law, with important tax rules set at the regional level. The municipality is within the Brussels-Capital Region and is officially bilingual French-Dutch. Substantive rules on who can inherit, how to make a valid will, and the protection of close family members are set by the Belgian Civil Code, including reforms that took effect on 1 September 2018. Regional authorities in Brussels set inheritance and gift tax rates and procedures. Notaries play a central role in drafting, registering, and safeguarding wills, and in guiding families through estate settlement.

Why You May Need a Lawyer

Although many people prepare a will with a notary, a lawyer can be essential when your situation is complex or disputed. Consider legal help if you face any of these situations:

- You have children from a previous relationship or a blended family and want to balance gifts while respecting forced-heirship rules. - You wish to protect a spouse or partner, especially if you are legally cohabiting rather than married, or if you own the family home in one name only. - You are an expatriate, a dual-national, or you own property in more than one country and want to choose the applicable law under EU rules. - You plan significant lifetime gifts and need to manage equalization and reduction risks, as well as regional tax consequences. - You own a business, professional practice, or shares and want succession continuity and voting control safeguards. - You have a vulnerable beneficiary and need to set up safeguards such as administration, conditions, or a durable power of attorney for incapacity planning. - You anticipate challenges to your estate, suspect undue influence, or need to contest a will or a lifetime gift. - You need help with inheritance tax filings, deadlines, and valuations specific to the Brussels-Capital Region. - You want to coordinate your marital property regime with your will so the right assets are in your estate at death. - You need bilingual drafting and advice tailored to French-Dutch language requirements in Brussels.

Local Laws Overview

- Types of wills recognized in Belgium: a holographic will written, dated, and signed entirely by the testator; a notarial will executed before a notary and witnesses or two notaries; and an international will under the Washington Convention. Notarial wills are automatically registered in the Central Register of Wills, and holographic wills can be deposited with a notary for registration.

- Capacity and formalities: you must have legal capacity and be of sound mind. Formalities must be respected strictly. A holographic will must be fully handwritten, dated, and signed. A notarial will is read to you and signed in the prescribed form. Errors in form can invalidate a will.

- Forced-heirship protection: Belgian law reserves a portion of the estate for descendants as a group and grants the surviving spouse a protected usufruct interest. Since 1 September 2018, the collective reserve for all descendants is one-half of the estate. The surviving spouse generally has a reserve of usufruct, including strong protection over the family home and household contents. You cannot freely dispose of the reserved portion by will or gift, and excess gifts can be reduced.

- Gifts and equalization: lifetime gifts to heirs are typically taken into account at death to maintain fairness. The 2018 reform simplified valuation and equalization rules for many gifts, with specific transitional rules for older gifts. There is also a possibility to enter a global family pact before a notary to align expectations between parents and children.

- Marital and cohabitation effects: your marital property regime determines what belongs to your estate. Married spouses may have community or separation regimes. Legal cohabitants benefit from certain protections in intestacy, especially regarding the family home, but do not have the same reserved rights as spouses. De facto partners have no automatic heir rights without a will.

- EU cross-border rules: EU Regulation 650-2012 generally applies one law to the whole succession, usually the law of the deceased's last habitual residence. You can opt in your will for the law of your nationality instead. The European Certificate of Succession can help heirs prove their status in other EU states.

- Acceptance of inheritance: heirs can accept purely, accept under benefit of inventory, or renounce. Choosing the right form manages liability for debts. There are formal procedures and time limits.

- Taxes in Brussels-Capital Region: inheritance and gift taxes are regional. Rates are progressive and depend on the relationship between deceased and heir, and on the value of assets. The Brussels-Capital Region has its own brackets for lineal heirs, spouses, siblings, and others. Unregistered gifts of movable assets can be subject to a look-back period that brings them into inheritance tax if the donor dies within a set period. Rules and rates change, so verification at the time of planning is important.

- Deadlines and filings: in Brussels, the declaration of inheritance is generally due within months after death, with the exact deadline depending on where the death occurred. Valuation, documentation, and payment schedules follow regional rules administered by the Brussels-Capital tax authority. Penalties and interest can apply for late filings.

- Language and notaries in Brussels: notarial deeds in Brussels can be drafted in French or Dutch. Choose a notary who can serve you in your preferred language. Wills must be understood by the testator. Certified translations can be used when needed.

Frequently Asked Questions

What kinds of wills are valid in Belgium?

Belgian law recognizes three main types of wills: a holographic will entirely handwritten, dated, and signed by you; a notarial will executed before a notary and witnesses or two notaries; and an international will under the Washington Convention. Each has specific formalities. Notarial wills provide strong evidentiary value and are registered automatically.

Do I need a notary to make a will?

No. A holographic will does not require a notary to be valid. However, using a notary improves legal certainty, helps avoid formal mistakes, and ensures registration in the Central Register of Wills so your will can be found after death.

Can I disinherit my children or my spouse?

Not entirely. Children collectively have a reserved share that must equal one-half of your estate. The surviving spouse has a protected usufruct, including on the family home and household contents. You can freely dispose of the non-reserved portion. Planning must respect these mandatory shares or your dispositions may be reduced.

What happens if I die without a will in Woluwe-Saint-Pierre - Sint-Pieters-Woluwe?

Intestate succession rules apply under Belgian law. Spouses, descendants, and other relatives inherit according to fixed orders and shares. Legal cohabitants may receive a usufruct right over the family home and household goods. If there are no heirs, the estate may escheat to the state. A will lets you tailor these outcomes.

How does EU law affect expatriates living in Brussels?

Under EU Regulation 650-2012, the law of your last habitual residence generally governs your entire succession. You can choose in your will the law of your nationality instead. This is vital for non-Belgians or dual-nationals, and for those with assets in several countries.

In what language should I write my will?

A holographic will can be written in a language you understand and can write yourself. A notarial will in Brussels can be prepared in French or Dutch. The key is that you fully understand the content at signing. If needed, translations and interpreters can be arranged.

How do I change or revoke my will?

You can revoke a will at any time while you have capacity, either by making a new will or by an express revocation. The most recent valid will prevails to the extent of inconsistency with prior wills. Avoid partial handwritten changes on a notarial will without consulting a notary.

Where is my will kept and how is it found after I die?

Notaries keep originals of notarial wills and can hold holographic wills for safekeeping. Wills deposited with a notary are registered in the Central Register of Wills. After death, a notary can search the register to locate any will. Heirs should provide a death certificate and identity documents.

What taxes will my heirs pay in the Brussels-Capital Region?

Inheritance tax rates are regional and progressive. The Brussels-Capital Region applies different brackets for spouses and direct descendants, for siblings, and for other beneficiaries. Real estate and other assets are valued according to specific rules. Lifetime gifts may affect taxation and equalization. Because rates and brackets change, obtain up-to-date advice before making decisions.

Can I name an executor and appoint a guardian for my children?

Yes. You can appoint a testamentary executor to administer and carry out your will within the powers allowed by Belgian law. You can also designate a guardian for minor children. The court will consider your wishes, which are highly influential, though final appointment rests with the court in the best interests of the child.

Additional Resources

- A local notary office in Brussels for drafting, registering, and safekeeping your will, and for estate settlement. - Royal Federation of the Belgian Notariat for general information about wills, the Central Register of Wills, and notary services. - Brussels-Capital Region tax administration for inheritance and gift tax forms, deadlines, and valuations. - Federal Public Service Justice for civil law and procedural information on succession, acceptance of inheritance, and renunciation. - European e-Justice resources for the EU Succession Regulation and the European Certificate of Succession. - Consumer and family law services offered by Brussels legal aid bodies if you qualify for assistance.

Next Steps

- Map your family and assets: list heirs, marital or cohabitation status, and assets in Belgium and abroad. Note loans, insurance, and pensions. - Clarify your goals: who should receive what, who should manage the estate, who should be guardian for minors, and any special conditions. - Gather documents: ID, marriage or cohabitation certificates, deeds, account statements, business documents, prior wills, and gift records. - Consult a notary in Brussels: discuss will options, forced-heirship limits, marital regime, and registration in the Central Register of Wills. - Seek legal advice for complexity: cross-border issues, business transfers, blended families, disputes, and tax planning merit a lawyer’s input. - Coordinate lifetime planning: consider gifts, beneficiary designations, life insurance, and a durable power of attorney for incapacity. - Review regularly: revisit your plan after marriage, divorce, birth of a child, major gifts, business changes, or a move across borders or regions. - Communicate your wishes: tell trusted people which notary holds your will and where key documents are kept to ease administration.