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Affidavit Of Inheritance Form for Belgium

Affidavit Of Inheritance Form Template for Belgium

A legal document used under Belgian law to formally declare and establish the inheritance rights and distribution of assets following a person's death. This sworn statement details the deceased's personal information, identifies all legal heirs, and provides a comprehensive inventory of the estate's assets and liabilities. The document must comply with both federal Belgian law and specific regional requirements (Flanders, Wallonia, or Brussels-Capital), particularly regarding inheritance tax obligations. It serves as a crucial instrument for transferring property rights, accessing bank accounts, and settling tax obligations related to the inheritance.

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Affidavit Of Inheritance Form

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What is a Affidavit Of Inheritance Form?

The Affidavit of Inheritance Form is a fundamental legal document required under Belgian law when handling the distribution of assets following a person's death. This document is essential for establishing the rights of heirs and ensuring proper transfer of property and assets. It must be prepared in accordance with the Belgian Civil Code and relevant regional legislation (Flanders, Wallonia, or Brussels-Capital), particularly concerning inheritance tax obligations. The affidavit includes detailed information about the deceased, all legal heirs, a comprehensive inventory of assets and liabilities, and necessary declarations for tax purposes. It is typically prepared with the assistance of a notary and requires supporting documentation such as death certificates, property deeds, and proof of heir relationships. The document serves multiple purposes, including enabling heirs to access bank accounts, transfer property titles, and fulfill tax obligations.

What sections should be included in a Affidavit Of Inheritance Form?

1. Declaration Header: Formal introduction including date, place, and notary details

2. Declarant Information: Full details of the person(s) making the declaration, including their relationship to the deceased

3. Deceased's Information: Complete details of the deceased person including full name, date of birth, date of death, last residence, and marital status

4. Legal Basis: Statement of legal authority under which the declaration is made

5. Heir Information: Detailed information about all legal heirs, their relationships to the deceased, and their shares in the inheritance

6. Estate Description: Comprehensive listing of the deceased's assets and liabilities at the time of death

7. Tax Declaration: Statement regarding inheritance tax obligations and regional tax jurisdiction

8. Oath Statement: Formal declaration under oath that all information provided is true and complete

9. Signatures: Space for signatures of declarants, witnesses, and notary

What sections are optional to include in a Affidavit Of Inheritance Form?

1. Foreign Assets Declaration: Required when the deceased owned assets in countries other than Belgium

2. Business Interests: Required when the deceased owned shares in companies or had business partnerships

3. Previous Gifts Declaration: Required when the deceased made significant gifts within a certain period before death

4. Special Bequests: Required when there are specific items or amounts bequeathed in a will

5. Disclaimer Statements: Required when any heir wishes to renounce their inheritance rights

6. Life Insurance Declaration: Required when there are life insurance policies with death benefits

7. Real Estate Valuation: Required when the estate includes real property requiring professional valuation

What schedules should be included in a Affidavit Of Inheritance Form?

1. Schedule A - Asset Inventory: Detailed listing of all assets including bank accounts, securities, real estate, and personal property

2. Schedule B - Liability Schedule: List of all debts and obligations of the deceased

3. Schedule C - Supporting Documents: List of attached documents including death certificate, will (if any), marriage certificate, and birth certificates of heirs

4. Schedule D - Property Valuations: Professional valuations of significant assets such as real estate or business interests

5. Schedule E - Tax Calculations: Detailed calculations of inheritance tax obligations based on regional requirements

6. Appendix 1 - Family Tree: Visual representation of family relationships showing all potential heirs

7. Appendix 2 - Property Deeds: Copies of relevant property ownership documents

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Belgium

Document Type

Affidavit

Cost

Free to use
Relevant legal definitions






























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Legal Services

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Banking

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Relevant Roles

Notary

Estate Planning Attorney

Tax Advisor

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Inheritance Tax Specialist

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