What does this regulate?
01 · UNDERSTAND
In certain cases prescribed by law, an inheritance agreement allows for arrangements to be made in advance about inheritance law consequences. A global inheritance agreement can, for example, establish a family balance regarding gifts and benefits. Specific, punctual inheritance agreements also exist.
The aim is not that everyone necessarily received the same amount. The discussion explores what the parties consider balanced and which legal consequences they consciously wish to accept.
A RECOGNISABLE SITUATION
One child received money, another long-term support for education. The family wants to discuss how they assess this together. Under conditions, an inheritance agreement can provide a framework.
What requires attention?
02 · CHOOSE CONSCIOUSLY
Arrangements concerning an inheritance not yet open are not unlimitedly permitted. An inheritance agreement requires a notarial deed and a special information and reflection procedure. It may not be signed under time pressure as an ordinary declaration.
Also explain what was agreed earlier and where doubts remain. A regulation can only be appropriately developed if facts and wishes are clear.
More points to consider for your own situation
03 · YOUR INTENTION
You do not need to be able to answer all this in advance. Your doubts are also a good starting point.
Click on a question for an initial explanation or practical tip. You do not need to have an answer to everything yet.
Which previous gifts and benefits do you want to discuss?
Make an overview per family member with amounts, dates and documents. Also mention assistance not designated as a gift so we can discuss the significance.
Who should participate and can everyone speak freely?
Note who is involved and whether anyone finds it difficult to speak freely in the group. Indicate if a separate conversation seems necessary.
Is it about a global family balance or one specific agreement?
Describe whether you seek a broad balance among the children or want to record one specific matter. This helps choose the appropriate approach.
Does everyone understand which rights may be waived?
For each agreement, ask what a person retains and what they may give up. Note questions or uncertainties; consent must be based on understanding.
Are there any tensions that should first be discussed separately?
Report sensitive issues in advance, possibly separately. Describe facts and concerns without deciding on behalf of another what they will accept.
What do we need, and why?
04 · PREPARATION
Bring what you already have. We will agree on any additional documents the office needs to request. The final list depends on your file.
Identity and contact details
To correctly identify the persons involved and their capacity. Provide identity documents via the channel we agree with you.
Gift deeds and overview of benefits
To discuss the principles fully and verifiably.
Valuations and relevant proofs of payment
To substantiate the proposed settlement.
Family overview and previous inheritance law arrangements
To determine participants and legal coherence.
Is something missing? Mention it in your application. An initial meeting does not have to wait until you have gathered everything yourself.
What does NotaLegal do for you?
05 · GUIDANCE
We examine whether the intended agreements are legally possible, guide the consultation and respect the required procedure. The text is only finalised after the parties have been able to understand and consider the consequences.
You will receive a draft for discussion. We review your questions and agree the final version before signing. Afterwards, we explain which preservation, registration or further execution applies to your document.
Know in advance what to expect.
06 · FEES
Statutory tariff where legally established
For deeds with a legally established fee, we apply that tariff. The total settlement also includes, depending on the file, taxes, dossier costs, third-party expenses and VAT. For services without a legally established fee, we agree the remuneration in advance.
You will receive a clear explanation in advance regarding the costs of your transaction. We discuss the services your file requires and distinguish between fee, taxes and other costs.
Read more
Substantive background: notaris.be · The inheritance agreement
General explanation for preparing your meeting. Foreign ties, previous documents and your concrete situation may change the outcome. Sources and legal explanation.