Search Q&A
Solicitor/lawyer to draw up a will
Basically, unless you have fixed assets in Belgium, (i.e. property), a will is unnecessary, as there are rules about inheritance that even a will doesn't override. So assuming you have a house, then go and see the notaire who dealt with the purchase and ask them. They can draw up a will, which will be valid in Belgium.
If you don't have property, then go to a U.K. solicitor then next time you're home and have them draw up a UK will.
If you have kids and are concerned about their care, a will in Belgium is irrelevant, again the notaire can help you to draw up a document expresssing your wishes for their care in the event of your death, but it isn't in your will. Same with the UK will.
You don't have A will in two languages, you have TWO wills, one in each language and covering your assets in the relevant country.
As Anon suggests above, get a briefing from a notaris as to the Belgian rules of inheritance. This is what my late wife and I did and we learnt that the rules applicable to our assets in Belgium were identical to what we would put into a will. Accordingly we saved our money and did not make wills. After she died her assets were disposed of exactly as she would have wished had she made a will. I assume that, in the fullness of time, the same will happen to my Belgian assets.
Your contact is a notaire and one in your region (BXL or Flanders or Wallonia), as we have also a regional divided inheritance law, f.e. the usifruit rights of the surviving partner or the (outregous) inheritance taxes!
What changed last August 2015 was the European regulation on inheritance laws. The testator/s can now fix, in which language and which country will be leading in your succession case.
This new regulation does not touch any national taxation related in the countries of origin of the inheritance nor the national inheritance laws.
but it makes it easier for legal heirs outside Belgium etc. to deal with your case.
http://www.successions-europe.eu/Questions.aspx?c=be
or here
https://e-justice.europa.eu/content_succession-166-ew-en.do?init=true&me... (different for Scotland, Wales, NI..)
eunolwin, notwithstanding what you've replied, I still suggest that you go and see your notaire, or pick another one and go and see them. Your will in Belgium has to comply with Belgian inheritance laws, irrespective of where it's written and in what language. Get a simple one drawn up here in French / Flemish, and then if you want you can still have it translated into English if you want someone in England to be able to read it (the local language one however will be the legal will). As kasseistamper notes, you then draw up a separate one for your U.K. assets (if you have any). Not a personal recommendation as I've never seen her work, but there is a UK solicitor here in Bxl that deals with private client work, www.juliacrossland.com
Notaris (in Dutch)/notaire (in French) is exactly the same thing except for the language they speak. The fees they charge may vary slightly, but that will be determined by the Region you live in, not the language. The will, if required, HAS to be in Dutch or French (or German in the germanophone cantons) and it has to be handwritten in front of two witnesses. Once signed it will be sent to a central repository in Brussels.
The fees aren't expensive, IIRC we paid €200 each but TVA is now imposed and the base fee will have risen a little too.
Don't worry too much about the succession rules as the notaris/notaire will explain the rules applicable to your circumstances. The important things to remember and that you cannot disinherit a child, even an illegitimate one, and that legacies to a spouse aren't automatic - although a spouse will normally inherit rights to the use of a shared home but not the share of ownership. If you have a spouse or partner but no children, a will is an absolute essential and writing one should be treated as a priority.
Notaris/notaires that speak Dutch will normally be able to speak English, ones that speak only French are less likely to be able to, but there are still plenty of English speakers around even out in the sticks. There are listings on notaire.be.
> you cannot disinherit a child, even an illegitimate one
That is out and out wrong.
If you are British and living in Belgium, you can chose British law to apply to how your estate is handled. Therefore, you can chose to leave everything to your wife and completely disinherit your children.
You have to write a will that is valid under UK law (so it can be in English), and you have to include a specific instruction that this is to apply in Belgium under the relevant European regulation.
See here for starters:
http://ec.europa.eu/justice/newsroom/civil/news/150817_en.htm
Sorry J, I think you are wrong. If you were, for example, French, then you could indeed choose to apply the relevant French law (which happens to be very similar - good old Napoleon again). However, the OP is British and the United Kingdom decided once again to play the "bad European" card and opted out of this particular bit of EU legislation - and that opt out works both ways. So a Brit living in Belgium cannot choose to apply UK law because the UK government decided that it didn't want him/her to do so, and thus, in such cases, Belgian law continues to apply. Brexit before the act, so as to speak.
