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In Zwevegem, as in the rest of Belgium, wills are governed by the Belgian Civil Code and related inheritance rules. A will determines how your assets are distributed after death, while respecting mandatory rights of spouses and children known as forced heirship.
Most residents in Zwevegem choose a notarial will to maximize certainty and enforceability. A notary authenticates the document, ensures proper form, and can provide guidance on taxes and succession planning. Belgium also allows holographic or mystic wills, but these forms require strict compliance with the Civil Code to be valid.
Notaries in Belgium also play a central role in coordinating cross-border elements, such as real estate or assets located outside Belgium. When you own property abroad, the relevant succession law may involve EU rules on cross-border estates. This guide explains practical steps for Zwevegem residents seeking reliable legal advice.
Two to three core legal frameworks govern Will & Testament matters in Zwevegem and across Belgium:
EU Regulation 650/2012 on cross-border succession sets a single framework for determining applicable law and jurisdiction in matters of succession within the EU. https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32012R0650
In Belgium, the Civil Code governs wills and succession, including notarial, holographic and mystic wills, and the rights of forced heirs. https://justice.belgium.be
Recent trends in Zwevegem and Belgium include greater emphasis on cross-border planning for families with overseas assets and increasing use of notarial wills to avoid disputes and reduce probate times. Keeping up to date with changes in EU law and national reforms helps ensure your plan remains effective over time.
A notarial will is drafted and witnessed by a Belgian notary, making it highly resistant to disputes after death. It is especially useful in Zwevegem for clarity, executability, and tax planning, and it is typically more robust than other forms.
A holographic will must be handwritten, dated and signed by the testator. It is valid if it complies with Civil Code requirements, but it may be more vulnerable to disputes and may require court validation in some cases.
A notarial will is prepared by a notary and professionally witnessed, while a holographic will is handwritten and signed by the testator alone. Notarial wills carry stronger evidentiary weight in court.
While not legally mandatory for every form, consulting a lawyer or notary in Zwevegem helps ensure the document satisfies Belgian law and aligns with your goals, especially for complex estates.
Costs vary by complexity and form. In Belgium, a simple notarial will commonly reflects notary fees plus basic administrative charges; budget several hundred euros for a straightforward case.
A straightforward notarial will can be drafted and signed within 1-3 weeks, subject to the availability of the notary and any required asset documentation.
No witnesses are required for a holographic will, but the document must meet strict handwriting and signing requirements. Notarial wills are witnessed as part of the process.
Yes. You can revoke or amend a will at any time provided you have the capacity to do so. A new will typically revokes previous versions, or you can make specific alterations via codicil with proper formalities.
Belgian law reserves a portion of your estate for close relatives. You may not freely dispose of these reserved shares, and a well drafted will must account for protected heirs to avoid invalidations or reductions.
Intestacy rules apply, and the estate is distributed according to Belgium's statutory succession rules. A lawyer can help minimize delays and ensure assets are allocated fairly among heirs.
The Regulation provides harmonized rules for determining jurisdiction and applicable law in cross-border cases. It can determine which country governs your will and how foreign assets are treated in Belgium.
Keep the original notarial will with the notary who drafted it, and store copies with trusted family members or in a safe deposit. Make sure your executor or heirs know where to find the documents.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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