The Affidavit of Heirship is a crucial legal instrument in Belgian inheritance law, used when there is a need to formally establish the identity of heirs and their respective rights to inherit from a deceased person's estate. This document becomes particularly important in situations where a simplified process for transferring assets is desired, or when formal probate proceedings are not necessary or practical. The affidavit must comply with Belgian Civil Code requirements and EU succession regulations, containing detailed information about the deceased's family history, marriages, children, and other potential heirs. It serves as a sworn statement that can be relied upon by third parties such as banks, property registries, and other institutions to facilitate the transfer or management of the deceased's assets. The document must be executed before a Belgian notary and may require supporting documentation to verify the stated relationships and facts.
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1. Declaration and Oath: Opening statement confirming this is a sworn declaration and identifying the declarant
2. Declarant Information: Details about the person making the affidavit, including their relationship to the deceased and basis of knowledge
3. Deceased 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 deceased's family relationships, including current and previous marriages, children, and other potential heirs
5. Heir Information: Detailed list of all legal heirs, their relationships to the deceased, and their current contact information
6. Property Information: General description of the deceased's property and assets subject to inheritance
7. Testamentary Status: Statement regarding the existence or non-existence of a will
8. Verification: Final sworn statement confirming the truth of all information provided
9. Notarization: Space for notary's authentication and official seal
1. International Assets: Section detailing any assets located outside Belgium, required when the deceased owned foreign property
2. Previous Marriages: Detailed information about previous marriages and divorces, required when the deceased had multiple marriages
3. Adopted Children: Information about adopted children and their legal status, required when there are adopted heirs
4. Disclaimer Statements: Statements from heirs who wish to renounce their inheritance rights, included when applicable
5. Military Service: Information about military service that might affect inheritance rights, required for veterans
6. Special Provisions: Any special circumstances affecting inheritance rights, such as disability or incapacity of heirs
1. Death Certificate: Certified copy of the deceased's death certificate
2. Birth Certificates: Copies of birth certificates proving relationship to the deceased
3. Marriage Certificates: Copies of marriage certificates relevant to establishing family relationships
4. Property Documents: List and copies of property ownership documents
5. Family Tree: Visual representation of the family relationships described in the affidavit
6. Identity Documents: Copies of identification documents for all parties involved
7. Supporting Affidavits: Additional affidavits from other family members or witnesses confirming the stated relationships
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