I am looking for a lawyer or someone qualified to draw up a will. As it is in Belgium, but we are British, I suppose it has to be in both languages.
I was recommended a 'big' name Inernational lawyer but he charges by the minute!
J
@Becasse, the link I provided contains the following:
The new rules apply in all EU countries except for the United Kingdom, Ireland and Denmark. This means that people living in any of these three countries are not subject to the new EU rules. On the other hand, British, Irish or Danish citizens living in other EU countries can benefit from the new EU rules.
"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."
This information came to me directly from a lawyer who works for one of the EU civil service unions.
Jun 15, 2016 13:39
newonline
J. thanks for that. Sounds plausible to me and I am grateful to all of you for your valid opinions and advice.
Now I shall just have to find the notaire. I live in the Wavre area.
Jun 15, 2016 17:18
Mikek1300gt
I was aware of the regulation and aware the UK had opted out. I was not sure if that meant a Brit in Belgium could not take advantage of the regulation and write a will under UK law. It seems he can, which is a great relief for me. Thanks, J.
Jun 16, 2016 09:34
becasse
So J has done a most useful service in getting clarification of the situation for UK citizens. However, while you may be able to write a will in accordance with UK inheritance law, what you can't do, while resident in Belgium, is to write one to which UK inheritance tax regulations apply. That is VERY important because the tax regimes are very different and, in particular, there are no tax-free inter-spouse/partner inheritances as is normal in the UK.
That could mean that the typical Belgian arrangement where your half of your home goes to your children but your spouse continues to have use of it (or even the rental income from it) can be much more inheritance-tax efficient than the typical UK arrangement where the home passes totally to the spouse on the first death and only to the children on the second, since both these inheritances would be taxed (albeit at "relatively" low rates) in Belgium.
It is something that you need to discuss VERY carefully with your notaire.
Jun 16, 2016 22:26
yttap
Becasse is quite correct. The recent law does not apply to UK, Irish and Danish nationals! Those 3 countries opted out. Check out the EU web site. (And by the way, Scots law is different from English law - Scots law is the same as Napoleonic law, probably a leftover from the Old Alliance days!)
Jun 18, 2016 15:58
J
YTTAP,
"On the other hand, British, Irish or Danish citizens living in other EU countries can benefit from the new EU rules."
seems a pretty clear statement to me.
Click on this link and verify it for yourself. http://bfy.tw/6LzE
Jun 20, 2016 06:57
yttap
J, I believe you are correct, but as Becasse says the Belgian inheritance taxes would apply.
Jun 22, 2016 09:13
klmaerts
Maybe check out this cabinet? www.scribea.eu, close to the Montgomery square. Reasonable tariffs for initial advice and guidance. Consists of a mix of people with notarial and lawyer background, to answer cross-border inheritance questions
If you are a British national living in Belgium, you can apply your own national law and circumvent the Napoleonic laws that apply in Belgium.
Your will is not subject to any language requirements and can be in English. It can also be validly made in your handwriting and your language, without the need to go to a Belgian notary.
@Becasse, the link I provided contains the following:
The new rules apply in all EU countries except for the United Kingdom, Ireland and Denmark. This means that people living in any of these three countries are not subject to the new EU rules. On the other hand, British, Irish or Danish citizens living in other EU countries can benefit from the new EU rules.
"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."
This information came to me directly from a lawyer who works for one of the EU civil service unions.
J. thanks for that. Sounds plausible to me and I am grateful to all of you for your valid opinions and advice.
Now I shall just have to find the notaire. I live in the Wavre area.
I was aware of the regulation and aware the UK had opted out. I was not sure if that meant a Brit in Belgium could not take advantage of the regulation and write a will under UK law. It seems he can, which is a great relief for me. Thanks, J.
So J has done a most useful service in getting clarification of the situation for UK citizens. However, while you may be able to write a will in accordance with UK inheritance law, what you can't do, while resident in Belgium, is to write one to which UK inheritance tax regulations apply. That is VERY important because the tax regimes are very different and, in particular, there are no tax-free inter-spouse/partner inheritances as is normal in the UK.
That could mean that the typical Belgian arrangement where your half of your home goes to your children but your spouse continues to have use of it (or even the rental income from it) can be much more inheritance-tax efficient than the typical UK arrangement where the home passes totally to the spouse on the first death and only to the children on the second, since both these inheritances would be taxed (albeit at "relatively" low rates) in Belgium.
It is something that you need to discuss VERY carefully with your notaire.
Becasse is quite correct. The recent law does not apply to UK, Irish and Danish nationals! Those 3 countries opted out. Check out the EU web site. (And by the way, Scots law is different from English law - Scots law is the same as Napoleonic law, probably a leftover from the Old Alliance days!)
YTTAP,
"On the other hand, British, Irish or Danish citizens living in other EU countries can benefit from the new EU rules."
seems a pretty clear statement to me.
Click on this link and verify it for yourself.
http://bfy.tw/6LzE
J, I believe you are correct, but as Becasse says the Belgian inheritance taxes would apply.
Maybe check out this cabinet? www.scribea.eu, close to the Montgomery square. Reasonable tariffs for initial advice and guidance. Consists of a mix of people with notarial and lawyer background, to answer cross-border inheritance questions
If you are a British national living in Belgium, you can apply your own national law and circumvent the Napoleonic laws that apply in Belgium.
Your will is not subject to any language requirements and can be in English. It can also be validly made in your handwriting and your language, without the need to go to a Belgian notary.
Inheritance tax is indeed something else...
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