A Declaration of Heirship is a critical legal document required in Belgian inheritance proceedings to establish the legitimate heirs of a deceased person's estate. This declaration is typically prepared when someone has passed away and their assets need to be distributed according to Belgian law. It contains detailed information about the deceased person, their family structure, and the legal basis for inheritance rights. The document is essential for various purposes, including accessing bank accounts, transferring property titles, and settling inheritance tax obligations. A properly executed Declaration of Heirship enables heirs to prove their legal rights to inherit and is recognized by courts, financial institutions, and government authorities throughout Belgium. It must comply with specific requirements under Belgian Civil Code and may need to address international aspects if foreign assets or heirs are involved.
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1. Declarant Information: Identification and details of the person(s) making the declaration, including their relationship to the deceased
2. Deceased Person Information: Full details of the deceased person including full name, date of birth, date of death, last domicile, and marital status at time of death
3. Legal Framework: Reference to applicable Belgian law and basis for the declaration
4. Marriage History: Details of all marriages and divorce/dissolution history of the deceased
5. Children and Descendants: List of all children (including adopted) and their descendants, with full details and survival status
6. Declaration of Heirs: Formal statement identifying all legal heirs and their respective shares according to Belgian law
7. Estate Summary: Brief overview of the known assets and liabilities of the estate
8. Declarations and Affirmations: Formal statements confirming the truth of the information provided and acknowledging penalties for false declarations
9. Execution: Date, place, and signature sections for all required parties
1. International Elements: Required when the deceased or any heirs are foreign nationals or when there are assets in other countries
2. Previous Wills: Include when the deceased left a valid will or multiple wills that affect the inheritance
3. Special Assets: Required when the estate includes business interests, intellectual property, or other complex assets
4. Disclaimer Statements: Include when any potential heirs have renounced their inheritance rights
5. Guardian Appointments: Required when there are minor heirs or heirs under legal protection
6. Tax Status Declaration: Include when required for inheritance tax purposes or when there are international tax implications
1. Death Certificate: Certified copy of the official death certificate
2. Family Book Extracts: Copies of relevant pages from the family book (Livret de Famille/Trouwboekje)
3. Birth Certificates: Copies of birth certificates of all identified heirs
4. Marriage Certificates: Copies of marriage certificates of the deceased
5. Asset Schedule: Detailed listing of all known assets belonging to the estate
6. Liability Schedule: Detailed listing of all known debts and obligations of the estate
7. Identity Documents: Copies of identification documents for all declarants and adult heirs
8. Supporting Affidavits: Any additional sworn statements supporting the declaration
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