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

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

In Belgium, wills and succession are governed by the Civil Code and applied uniformly across the country, including Woluwe-Saint-Pierre - Sint-Pieters-Woluwe in the Brussels-Capital Region. The system is notary-centered. You can make a will yourself or before a notary, but a notarial will offers strong evidentiary value and immediate registration in the national Central Register of Wills. Belgium also applies forced-heirship rules that protect certain heirs by reserving a minimum share of your estate. Local practice in Brussels is bilingual French-Dutch, and you can find notaries and lawyers who work in either language.

Common will types in Belgium include the holographic will handwritten, dated, and signed by you, the authentic notarial will dictated to a notary in the presence of witnesses or a second notary, and the international will under the Washington Convention, used for cross-border situations. All wills are revocable, and you may change your testament at any time as long as you have capacity.

Why You May Need a Lawyer

While a notary is central to drafting and executing wills in Belgium, a lawyer can add value in many situations:

- You have a blended family or wish to plan for children from different relationships.- You want to give unequal shares or place conditions on gifts while respecting forced-heirship rules.- You are an expatriate or have assets in multiple countries and need advice on the EU Succession Regulation and tax exposure in different jurisdictions.- You own a business, have complex assets private company shares, intellectual property, foreign real estate, or significant investments.- You want to protect a vulnerable heir disability, debt, addiction or avoid family conflict through tailored structures or a family settlement agreement.- You intend to make lifetime gifts and need to manage clawback and reporting rules to avoid disputes later.- You anticipate a challenge to your will capacity, undue influence, lack of formality and need robust drafting and evidence.- You are dealing with a dispute after a death validity of a will, reduction of excessive gifts, or executor liability.- You want coordinated estate, matrimonial property, and tax planning that fits Brussels-Capital Region inheritance tax and your marital regime.

Local Laws Overview

- Forced-heirship reserve: Since 1 September 2018, descendants collectively have a reserve equal to one-half of the net estate. You may freely dispose of the other half. The surviving spouse has a reserve consisting of a usufruct right on one-half of the estate, and at a minimum, usufruct on the family home and its household contents. Parents no longer have a statutory reserve, though limited maintenance rights can exist in specific cases.

- Types and form of wills: A holographic will must be entirely handwritten, dated, and signed by you. An authentic will is received by a notary with two witnesses or a second notary. An international will is signed before a notary and two witnesses with a special certificate. For legal certainty, deposit any will with a notary for registration in the Central Register of Wills maintained by the notarial profession.

- Capacity and language: You must be at least 18 or an emancipated minor and capable of understanding your actions. In Brussels, notarial deeds are executed in French or Dutch. A holographic will may be in another language you understand, but translation may be required for administration, so using French or Dutch is strongly recommended locally.

- Revocation and changes: A newer will revokes prior incompatible provisions. You can revoke a will at any time. Divorce generally causes legacies to a former spouse to lapse unless you clearly provide otherwise. Marriage does not automatically revoke a prior will.

- Lifetime gifts and clawback: Gifts made during life may be subject to return into account collation and reduction if they infringe the heirs reserve. The 2018 reform allows family settlement agreements pacte successoral-erfovereenkomst by notarial deed to bring clarity and peace about past and future gifts.

- Executors and guardians: You may appoint an executor exécuteur testamentaire-testamentuitvoerder to implement your will. You can designate a guardian for minor children. For incapacity planning during life, consider an extrajudicial protection mandate mandat de protection extrajudiciaire-zorgvolmacht, ideally by notarial deed.

- Matrimonial property: The default Belgian marital regime is community of acquisitions. At death, your estate includes your own property plus your share of community property. Review marriage contracts and wills together to ensure consistency.

- Inheritance tax Brussels-Capital Region: Inheritance tax applies to beneficiaries based on kinship and the value received, with progressive rates. Favorable regimes and exemptions may apply, particularly for the family home in certain cases, and for qualifying public-benefit gifts. The declaration of succession must generally be filed within 4 months if the death occurred in Belgium, 5 months if elsewhere in the EU, and 6 months if outside the EU. Deadlines and rates can change, so obtain current figures from Brussels Fiscality or a notary.

- Cross-border law EU: The EU Succession Regulation usually applies the law of the deceaseds last habitual residence to the worldwide estate, but you may choose the law of your nationality in your will. Brussels is home to many expats, so this election can be vital to align your plan with your wishes and any forced-heirship expectations.

Frequently Asked Questions

What types of wills exist in Belgium and which should I choose

Three main types are used. A holographic will is handwritten, dated, and signed by you. An authentic will is made before a notary with witnesses. An international will is suitable for cross-border cases and is signed before a notary and two witnesses with a certificate. Authentic wills offer the highest evidentiary value and immediate registration, which reduces the risk of loss or challenge. Your choice depends on complexity, cross-border issues, and your need for legal certainty.

Must my will be in French or Dutch in Woluwe-Saint-Pierre - Sint-Pieters-Woluwe

Notarial wills in Brussels are drawn up in French or Dutch. A holographic will can be in any language you understand, but local administration will likely require a certified translation if it is not in French or Dutch. To avoid delays and costs, use French or Dutch whenever possible.

Who cannot be fully disinherited under Belgian law

Descendants collectively must receive at least one-half of your estate. The surviving spouse has a reserve of usufruct on one-half of the estate and at minimum on the family home and household contents. You can only freely dispose of the disposable portion after these rights are respected.

What happens if I die without a will in Brussels

Intestacy rules apply. Descendants inherit in priority. The surviving spouse typically receives a usufruct right on the estate often including the family home, while children receive bare ownership. If there are no descendants, parents and collateral relatives may inherit. A will lets you tailor outcomes within the limits of the reserve.

What if I own assets in multiple countries

The EU Succession Regulation allows you to choose the law of your nationality in your will. Without a choice, the law of your last habitual residence usually applies. Local property law and taxes still matter where assets are located. Coordinated advice from a Brussels notary and foreign counsel is recommended.

Do I need a notary, or is a handwritten will enough

A handwritten will can be valid if it meets formalities, but it is more vulnerable to loss and disputes. A notarial will adds legal certainty, ensures compliance with forced-heirship, and is registered in the Central Register of Wills. For significant or cross-border estates, use a notarial will.

How are lifetime gifts treated when I die

Many lifetime gifts are presumed advances on inheritance and must be brought into account collation. If gifts exceed the disposable portion, protected heirs can seek reduction so their reserve is restored. A notarial family settlement agreement can clarify past gifts and reduce future conflict.

What inheritance taxes apply in Brussels and when are they due

Brussels-Capital Region applies progressive rates that vary by relationship and amount. Exemptions or reductions can apply, notably for the family home in certain cases and for qualifying charitable bequests. The declaration of succession is generally due within 4 months for deaths in Belgium, 5 months in the EU, and 6 months outside the EU, with payment deadlines aligned. Late filing triggers interest and penalties, so seek prompt advice.

Can I appoint an executor, a guardian for minors, or plan for my own incapacity

Yes. You may appoint an executor to administer and implement your will. You can name a guardian for minor children in your will. For your own incapacity, consider an extrajudicial protection mandate to appoint someone to manage your affairs if you become unable to act.

How are the family home and the surviving spouse protected

The surviving spouse has a reserve in usufruct, including a minimum usufruct over the family home and household contents. Your marriage contract and will should be coordinated to respect these rights. Brussels tax rules may also offer favorable treatment for the family home under conditions.

How do I store, register, change, or revoke my will

Deposit your will with a Belgian notary for safekeeping and registration in the Central Register of Wills. You can change or revoke it at any time by making a new will or executing a revocation. Keep your will updated after major life events marriage, divorce, birth, significant acquisitions, or moving country.

Additional Resources

- Royal Federation of Belgian Notaries Fednot and the Central Register of Wills for registration and locating wills after death.- Brussels-Capital Region Brussels Fiscality for inheritance tax forms, deadlines, and current rates.- Federal Public Service Finance FPS Finance for information on inheritance tax procedures and the certificate or attestation of heirs.- Brussels notarial offices Notarial district of Brussels for drafting wills, family settlement agreements, and certificates of succession.- Tribunal of First Instance of Brussels for succession-related litigation when disputes arise.- Population and Civil Registry Service of Woluwe-Saint-Pierre - Sint-Pieters-Woluwe for civil-status extracts needed in estate files.- Mediation services family mediation by accredited mediators for amicable settlement of estate disagreements.

Next Steps

- Define your goals: beneficiaries, guardians for minors, protection for a vulnerable heir, charitable intentions, and business continuity.- Inventory your assets and debts: real estate, bank and brokerage accounts, life insurance, pensions, company shares, overseas property, and digital assets.- Verify your marital regime and any marriage contract to ensure your estate plan aligns with your property regime.- Seek local advice: consult a Brussels notary for will options and a lawyer for complex or contentious issues, cross-border planning, or tax-sensitive structures.- Choose the applicable law if relevant under the EU Succession Regulation and decide on the type of will authentic, holographic, or international.- Consider complementary documents: extrajudicial protection mandate, letter of wishes, and updated beneficiary designations on life insurance and pensions.- Execute and register: sign before a notary when appropriate and ensure registration in the Central Register of Wills for traceability.- Communicate and review: inform trusted persons of the notarys details and review your plan after life changes or legal updates.