
• First the taxman, and only then the money from your inheritance
Notaries who issue a deed or attestation of inheritance in connection with winding up an estate have been required since 1 July 2012 to first initiate a search for any tax or social security debts. From now on, heirs can only gain access to the money they have inherited once they have paid these debts and those of the deceased. This system results from the Programme Law (I) of 29 March 2012, which came into effect in this respect on 1 July 2012. In order to get your assets in the bank unblocked quickly, we recommend a visit to your notary directly after the death.
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• Add a choice clause to your marriage contract and arrange your inheritance to suit your situation
The marriage contract and inheritance law are as inseparable as Siamese twins. If you are married with children and allow statutory inheritance rights to run their course, you may end up in a legal situation that you do not want after the death of your spouse. The remedy is to amend the marriage contract and introduce a so-called ‘choice clause’. This gives the surviving partner the freedom to arrange his/her inheritance. And there may be savings on inheritance tax too.
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• Amicable dissolution of preliminary sales agreement: negligible costs and no lawyers required
It is quite common for the prospective purchaser of a property to have to (or want to) make a quick decision and to end up signing a private sales agreement too soon. Often, the purchaser starts asking himself questions soon afterwards: will the purchase be made by an existing company or a company under formation; will it be made alone or jointly; is it better for it to be made in the name of the spouse who does not have self-employed status; should it be made in the name of one of the children? In Flanders and Wallonia, this ‘hastily’ signed preliminary sales agreement (‘compromis’) can be dissolved at almost no cost. All that is required is to observe a few small but important formalities in time.
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• Quicker division of assets after a divorce or death, with a compulsory schedule
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• Do you have a private foundation?
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• Cohabitation: one name, several situations
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• Giving gifts, yet retaining control: it can be done!
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• Taking property out of your company
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• What documents should you receive as the purchaser of an apartment?
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