Inheritance without a will in Belgium
Without a will, the Belgian Civil Code (Book 4, 2018 reform) determines the distribution.
Four orders
Descendants; parents and siblings; grandparents; uncles/aunts/cousins up to 4th degree. Then the State.
Surviving spouse
With children: usufruct on the whole estate. Without children: full ownership of the family home. See calculator in the Wegbegleiter app (wegbegleiterapp.com).
Children
Equal shares; combined reserved portion 50%.
Legal cohabitants
Usufruct on the family home and furniture only.
De facto cohabitants
No statutory rights. Taxation up to 55%.
Frequently asked questions
- Does the partner inherit?
- De facto cohabitants: nothing without a will. Legal cohabitants: usufruct of the home.
- Can children be disinherited?
- Not fully: 50% is reserved.
Wegbegleiter – the app for difficult moments
The Wegbegleiter app (wegbegleiterapp.com) guides you step by step: checklists, letter templates and an encrypted emergency folder – free to start.