More and more people in Belgium are drawing up wills, according to figures from the Federation of Notaries (Fednot): in the first six months of this year, notary offices already registered 38,735 wills – some 10% more than in the same period last year.
In cases where someone does not leave a will, the heirs are determined by Belgian law. But in recent years, there has been an increasing number of people writing wills early.
"In a classic family with two parents and two children, on the death of one of those parents, the surviving parent inherits the 'usufruct' [the right to enjoy the use and advantages of another's property] of the house, the children get the bare ownership," Katrin Roggeman, President of Fednot, said on VRT television programme 'Laat' on Tuesday.
In practice, bare ownership means that the children become the owners of the property upon the death of one of the two parents, but the surviving parent may continue to live in it and make use of it for as long as they live.
Not as simple as it seems
But there are several reasons why people want to decide for themselves who gets their belongings after they die, Roggeman explained, referring to blended families where parents also want to include their stepchildren in their inheritance, for example.
"Often, both partners want to treat all children in the same way, but that is not as easy as it seems," she said. "Usually, their assets are not the same because sometimes both partners have already accumulated assets in a previous relationship. If one partner dies, the situation between the other partner and the stepchildren may also change."
Another reason to draw up a will is inheritance tax, Roggeman explained. "A will can ensure that the inheritance tax is applied favourably." Thirdly, many people want to draw up a will "à la carte:" specific property should go to one child and equal value to another child.
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However, Fednot also warned of pitfalls with these kinds of wills on its website: it does not happen very often, but some parents think that a wealthier child should get less than a less well-off one. "I do not think that is a good idea because it could make the relationship between the children worse after a death."
At the same time, a donation can be a better solution than an inheritance as it is "cheaper," Roggeman said. This is because the taxes on donations are lower than those on an inheritance. "We always recommend it, especially when it concerns a house; the usufruct can then be reserved and the donor can remain in their property until they die."
To prevent arguments and discussions, good agreements regarding wills, donations and inheritances are key. For Roggeman, the best way to do this is to make a so-called "global inheritance agreement," in which all parties involved (both parents and all children) determine together who gets what. This way, unpleasant surprises and possible problems can be avoided.
