An Affidavit of Descent is a crucial legal document in Belgian inheritance proceedings, used when there is a need to formally establish the rightful heirs of a deceased person and their respective inheritance rights. This document is particularly important in Belgium's civil law system, where inheritance laws are strictly regulated and formal documentation is essential. The affidavit includes detailed information about the deceased's family relationships, marriages, children, and other potential heirs, as well as a comprehensive inventory of assets. It is typically required by banks, property registrars, and other institutions to transfer assets to heirs, and by tax authorities for inheritance tax purposes. The document must comply with Belgian Civil Code requirements and be properly authenticated, usually through a notary public.
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1. Declaration Header: Formal opening statement including the date, location, and identity of the affiant(s)
2. Affiant Information: Detailed information about the person(s) making the affidavit, including their relationship to the deceased
3. Decedent Information: Full details about the deceased person, including date and place of death, last residence, and marital status at time of death
4. Family History: Comprehensive information about the decedent's family relationships, including current and previous marriages, children, and other relevant family members
5. Property Description: Description of the decedent's property and assets subject to inheritance
6. Heir Identification: List and details of all legal heirs and their relationship to the deceased
7. Inheritance Rights: Statement of the inheritance rights of each heir according to Belgian law
8. Tax Declaration: Statement regarding inheritance tax obligations and relevant tax information
9. Verification: Formal statement verifying the truth and accuracy of all information provided
10. Signature Block: Space for signatures, notarization, and official seals
1. Previous Marriages: Section detailing previous marriages of the deceased, if any, and their termination
2. Foreign Assets: Section for declaring assets located outside of Belgium, triggering international succession rules
3. Business Interests: Section describing any business ownership or interests of the deceased
4. Pending Legal Proceedings: Section detailing any ongoing legal matters involving the deceased or their estate
5. Testamentary Documents: Section referencing any existing will or testamentary documents
6. Disinherited Parties: Section listing any legally disinherited family members and the reasons thereof
1. Family Tree Diagram: Visual representation of the family relationships and inheritance lines
2. Property Inventory: Detailed list and description of all assets and properties
3. Death Certificate: Official death certificate of the deceased
4. Marriage Certificate(s): Copies of relevant marriage certificates
5. Birth Certificates: Birth certificates of relevant heirs
6. Property Documentation: Copies of property deeds, titles, and other ownership documents
7. Tax Assessment: Preliminary inheritance tax assessment documents
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