Support through your will

1. A holographic will is a will and testament that has been handwritten, dated and signed by the testator. It is not mandatory to register it with a notary, but it is highly recommended.
2. An authentic (notarial) will is a will that you dictate to the notary. An important innovation is that since 1 January 2023, two witnesses or notaries are no longer required to draw up an authentic will.
3. An international will is valid in all the states that are signatories to the Washington Convention of 26 October 1973. It is a private deed, which may be handwritten or typed.

1. A universal legacy covers all the assets of an estate, with the exception of the share of it that is gifted in another way, whether as a specific legacy or a general legacy. The universal legatee/legatees is/are responsible for distributing all of your assets and distributing the specific legacies you have made.
2. A general legacy relates to a specified percentage of the estate, all movable or immovable property or a share in it.
3. A specific legacy relates to a specific sum of money or precisely described goods.
4. With a dual legacy, you designate two beneficiaries in your will, one of which is a charity. Everyone benefits!
   • In a classic dual legacy, you designate your family or friends as your general or specific legatees. The charity (as the universal legatee) deals with the entire process.
   • In a reverse dual legacy, you designate a charity as your general or specific legatee and your heirs (universal legatees) have to deal with the liquidation of the estate.

In both cases, the charity is liable for the inheritance tax of all the legatees in addition to its own.

If you opt for a dual legacy, it is recommended that you add a subsidiary provision for the event that this formula it is no longer possible at the time of your death. About half of the amount of the estate must be set aside for the charity, so that it can pay the full estate costs.

In Flanders, there is no longer any tax advantage associated with a dual legacy. If you have already made your will and you have planned a dual legacy, it is recommended that you speak to your notary for advice.

If your will includes a dual legacy and you move from Brussels or Wallonia to Flanders, the Flemish regulations will apply!

The inheritance tax rate varies depending on the region where the testator resides. The place where the testator lived in the last five years of their life will determine the tax regime.

The inheritance tax rate will depend on the size of the estate and the relationship with the heirs.

Charities with ASBL/VZW status or accredited foundations benefit from a preferential rate:

• Walloon Region 7%
• Flemish Region: 0%
• Brussels: 7%

For more information on the details of inheritance tax, please see the website www.notaire.be.

When a Belgian resident dies, all their assets located both in Belgium and abroad will be subject to Belgian inheritance tax.

It is possible that assets located abroad will also be subject to inheritance tax in the country where they are located.

Prevention of double taxation: Belgian inheritance tax may be reduced up to the amount of foreign inheritance tax paid on real estate abroad (Article 17 of the Inheritance Tax Code),

Constitutional Court, 3 June 2021 (n°80/2021). The same rule should apply to movable property abroad.

The fund limit is equal to the disposable portion of the estate. In other words, it is the estate minus the reserve.

This reserve is a share of the inheritance that belongs to certain heirs called “rightful heirs”:

• The spouse: usufructuary rights to half of the estate (at least to the family home or right to lease the family home).
• Children: half of the estate, collectively.

The legal cohabitant is not entitled to a reserved portion.

A gift is a contract by which, during his or her lifetime, one person (the donor) immediately and irrevocably transfers an asset to another person (the recipient). Once the transaction has been completed, the donor can no longer recover the rights or assets donated (with exceptions).

A will, in turn, only takes effect at the time of the testator’s death and can be changed at any time.

There are three types of gifts: notarised gifts, manual gifts (given hand-to-hand) and bank gifts (by bank transfer).

The gift tax rates can be consulted on the website of the appropriate department of the Belgian government. 

There is no obligation to register manual gifts or indirect gifts effected by bank transfer:

• If you do not register the manual gift or indirect gift effected by bank transfer, the beneficiary will not have to pay any gift tax.
  Please note: if the donor dies within three years of the gift, the beneficiary of the gift will have to pay inheritance tax, which is charged at a higher rate.
• If, however, you register the manual gift or indirect gift effected by bank transfer, the beneficiary will have to pay gift tax. If the donor dies within three years of the donation, no inheritance tax will be due on the gift.

A gift made by notarial deed is always registered. In this case, the beneficiary must pay gift tax.