In the absence of a will, who inherits and how much?
Last update: 10/3/2012
If the deceased was unmarried and had no children, the ascendants and the nearest collateral heirs (brothers and sisters) inherit first. The father and mother each receive a quarter and the brothers/sisters the rest. If one of the parents is deceased, the said parent’s share passes to the brothers and sisters. If there are no ascendants or brothers and sisters, half of the succession passes to the parentage on the mother’s side and the other half passes to the parentage on the father’s side (uncle, aunt, cousin).
If the deceased was unmarried and leaves children, these exclude all other members of the family. They share full ownership of the estate in equal portions. However, if a child is already deceased leaving descendants, the latter will inherit by right of representation of the deceased child.
If the deceased leaves a spouse and children, the surviving spouse will inherit the usufruct (the right of beneficial ownership) of all the assets comprising the inheritance. The children inherit the bare ownership in equal shares. The portion of a child already deceased is vested in the said child’s descendants per stirpes (representation).
If the deceased leaves a spouse but no children, the surviving spouse becomes the sole heir, if there are no descendants or ascendants or collateral parents up to the fourth degree of kinship with the deceased (cousins). If the latter exist, the surviving spouse receives the usufruct and the other heirs the bare ownership. The portion that the surviving spouse receives also depends on the matrimonial property regime under which the spouses were married.
What if the deceased is survived by a partner with whom he/she had entered into a registered partnership? The form of registered partnership recognised in Belgium is “legal cohabitation”. In the succession, the surviving legal cohabitant has a right of usufruct in relation to the real estate in which the partners cohabited, as well as the right to us the furniture in the said property. The surviving legal cohabitant can however be deprived of this right of usufruct in the case of a will or gift inter vivos in favour of another person.
What if the deceased is survived by a partner with whom he/she had not entered into a registered partnership – cohabitation without a written agreement (de facto non-registered partnership)? The partner can only become an heir if the deceased had provided for this in a will. Belgian law does not grant any automatic right to inherit to such a partner.
Detailed information
In the absence of a will, the following principles apply:
If the deceased was unmarried and had no children: see Articles 746 to 755 of the Civil Code.
If the deceased was unmarried and had children: see Article 745 of the Civil Code.
If the deceased was married and had no children: see Articles 745a(1), subparagraphs 2 and 3, and 746 to 755 of the Civil Code.
If the deceased leaves a spouse and children: see Articles 745 and 745a of the Civil Code.
What are the rights in the succession of partners of registered or non-registered partnerships?
The form of registered partnership recognised in Belgium is “legal cohabitation” (Art. 1475 et seq. Civil Code). The succession duty of the cohabitee is included under Article 745g of the Civil Code.
