The fractured nature of modern families make inheritance disputes more and more common. Remarriage and children from previous marriages often complicate the estate. There are more members of the family with expectations and there is a higher chance that those expectations will not be met.

Protected heirs
Inheritance law determines the rules applicable to the settlement of an estate (inheritance). The testator can decide whether or not to draw up a will, which the notary will verify against the law on death. A parent is not allowed to simply disinherit children. In Belgium children are always entitled to a succession reserve in the estate of their parents. The same applies to the surviving spouse, who also has the status of protected heir to the estate (inheritance) of a deceased spouse. The children then often exercise rights as protected heirs to an estate, as does the surviving spouse. 

Succession planning and estate planning
As part of the succession planning and estate planning, consideration is often given to making donations to future heirs. Parents can give their children the bare ownership of their property while retaining the usufruct long before their deaths, for example. There are several structures which maximise the benefits of succession planning and estate planning. As inheritance lawyers, we provide legal guidance in this matters. 

Let us help you

If you have any questions on this topic or would like a consultation with lawyers specialising in family law and inheritance law, please contact our law firm in Antwerp.

“Our firm your security blanket”