1. Forced heirship rules:
The children, the surviving spouse, and, in the absence of children, the (grand)parents, are entitled to a fixed portion of the estate of the deceased. They are protected against gifts in excess of the freely disposable portion of the estate made by the deceased.
Currently |
The reserved portion of the estate for the children varies depending on the number of children. |
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In future |
The reserved portion of the estate will be half of the estate. ⇒ The deceased will have more freedom to make a gift to a third party or to one, specific child. |
Currently |
Children will inherit from their reserved portion of the estate with unrestricted ownership |
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In future |
Children will inherit from their reserved portion of the estate with unrestricted ownership. ⇒The surviving spouse will exercise his or her usufruct right over the freely disposable portion. |
Currently |
In principle, the reserved portion of the estate is a portion of the estate composed of goods. |
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In future |
The reserved portion of the estate will be expressed in value. ⇒ More security for beneficiaries in the case of gifts in excess of the freely disposable portion of the estate: Retains the property but pays an amount in value. |
Currently |
Exists |
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In future |
Will be repealed and replaced in case of financial insufficiency of the (grand) parents by a maintenance obligation in the estate. |
Currently |
The valuation of gifts made to heirs is done in different ways, depending on whether a gift of movable or immovable property is made. |
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In future |
The same rules of valuation will apply to the calculation of the reduction of gifts to obtain the reserved portion of the estate. The differentiation will be made only at the time of the gift. |
Currently |
Prohibited |
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In future |
It will be possible to draw up a “global succession agreement” binding between parents and children. (family inheritance agreement) Further, a number of “specific agreements” will be authorised: |
It is likely that certain provisions will be modified because this is a legislative draft.