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Notariaat Wellens

Accepting or renouncing an inheritance

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YOUR PREPARATION · INHERITANCE

Specific documents for your meeting. Indicate what is ready, where you need help, and what is not applicable.

Prepare what you already have. A missing document is no reason to postpone your first appointment. We will discuss what we can obtain for you.

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Which documents should I provide?

Bank and creditor letters

Request the document from your bank or download it from your own online banking environment. State the date and file reference. Provide statements, never passwords or access codes.

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To review

Proof of actions already taken

Provide the complete version with date, attachments and later amendments. Do you not have this document or do you not know if it exists? Select “Help needed” and discuss it with the office.

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To review

Overview of assets and debts

Provide the complete version with date, attachments and later amendments. Do you not have this document or do you not know if it exists? Select “Help needed” and discuss it with the office.

Status

To review

Death and family details

Write down full names and contact details. Bring your identity card to the appointment. Report foreign documents or representation; the office will tell you which additional documents are needed.

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To review

Disposition of representation

Provide the complete version with date, attachments and later amendments. Do you not have this document or do you not know if it exists? Select “Help needed” and discuss it with the office.

Status

To review

What do we record?

We examine the documents and legal implications. You do not need to work out the arrangement yourself beforehand. We will agree on which missing documents we can request.

A check mark means you have prepared this item. It does not mean that the office has already checked the documents or that your file is complete.

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“More time can be wise for major decisions.”
Paul Wellens

Your questions, step by step

Are you unsure whether to accept an inheritance? You may ask this question first. We help you understand the assets, debts and consequences of your choice.

Why do I go to the notaire for this?

An inheritance can also include debts. The civil-law notary explains what accepting, accepting under the extrajudicial protection mandate, and rejecting mean for you.

Must I accept an inheritance?
  1. First gather information about possessions, debts and actions already taken.

  2. Discuss the choice per heir and the consequences for any children.

  3. Have the required declaration, authorization or inventory arranged.

How does this proceed and how long does it take?

There is no safe general reflection period for every situation. Actions, reminders, proceedings and fiscal deadlines may affect your position.

Have every received dated letter assessed immediately.

Which documents should I provide to the notaire?
What does the notaire do and investigate?
  • Have previous actions already had legal consequences?
  • Which debts and deadlines are known?
  • What does each choice mean for you and your children?
  • Are an authorization, declaration or inventory necessary?

We agree on which searches the office will conduct and which information you, your bank or another expert will provide.

What should I pay attention to before I sign?

Ask if previous actions already have consequences. If you reject, also have it examined who may inherit in your place.

Minors require special attention.

Is a passage still unclear? Feel free to ask for an explanation with an example from your own situation. Only sign when you understand what you are agreeing to.

What else must I arrange afterwards?

Keep proof of your choice. When accepting under the extrajudicial protection mandate, the settlement must proceed according to the applicable rules; do not mingle goods and payments without advice.

Which practical tips can help me?

Do not divide or sell goods yet if you doubt about the debts. First ask which urgent actions you can secure safely.

What do these words mean?
Rejecting
not accepting the estate.
Inventory
a formal inventory of the estate.
Acceptance under the condition of an inventory of the estate
Acceptance with a statutory protection against debts, provided the rules are followed.
Where can I find more explanation or help?

You do not have to phrase your question in legal terms. Tell what concerns you, what you want to arrange and if an important date is approaching.

We will look together at the next step. We agree in advance on how the office will assist you and what costs are involved.

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General explanation for your preparation. The rules and documents that apply to you are determined based on your file.