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Affidavit Of Surviving Spouse Template for Belgium

An Affidavit of Surviving Spouse is a formal legal document used in Belgian inheritance law where a surviving spouse declares their legal status and rights in relation to their deceased spouse's estate. This document, which must comply with Belgian Civil Code requirements, serves as an official declaration of the marriage relationship, the death of the spouse, and the survivor's claim to inheritance rights. It includes detailed information about the deceased, the marriage, and relevant estate details, and is typically required for various administrative procedures including property transfers, bank account access, and insurance claims.

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What is a Affidavit Of Surviving Spouse?

The Affidavit Of Surviving Spouse is a crucial document in Belgian inheritance proceedings, required when a married person passes away and their surviving spouse needs to assert their inheritance rights. This formal declaration, governed by Belgian Civil Code and notarial law, provides essential information about the deceased spouse, the marriage, and the survivor's legal standing to inherit. It is typically required by banks, government agencies, and other institutions to process estate-related matters. The document must be properly executed before a Belgian notary and may need to be accompanied by supporting documentation such as death certificates, marriage certificates, and property records. This affidavit serves as official proof of the surviving spouse's status and rights, facilitating the transfer of assets and the administration of the deceased's estate.

What sections should be included in a Affidavit Of Surviving Spouse?

1. Declaration Header: Formal introduction stating the document type and date of execution

2. Declarant Information: Full legal name, address, and identification details of the surviving spouse

3. Deceased Spouse Information: Details of the deceased spouse including full name, date and place of death, and last residential address

4. Marriage Details: Information about the marriage including date, place, and confirmation that the marriage was still valid at time of death

5. Estate Information: General statement about the deceased's estate and primary assets

6. Inheritance Rights Declaration: Formal declaration of the surviving spouse's rights to inherit under Belgian law

7. Truth and Accuracy Statement: Formal declaration that all statements made are true and accurate

8. Execution: Signature block with date and place of execution

What sections are optional to include in a Affidavit Of Surviving Spouse?

1. Children Declaration: Required when there are children from the marriage or previous marriages, listing all relevant offspring

2. Community Property Statement: Required when there was a community property regime between spouses

3. Prior Marriage Declaration: Required if either spouse had any previous marriages

4. Will Statement: Required if the deceased left a valid will

5. Foreign Assets Declaration: Required if the deceased owned assets in other countries

6. Business Interests: Required if the deceased had ownership in any business entities

What schedules should be included in a Affidavit Of Surviving Spouse?

1. Death Certificate: Certified copy of the deceased spouse's death certificate

2. Marriage Certificate: Certified copy of the marriage certificate

3. Identity Documents: Copies of identification documents for the surviving spouse

4. Asset Inventory: List of known assets belonging to the deceased's estate

5. Will Copy: Copy of the deceased's will if applicable

6. Property Titles: Copies of property ownership documents if applicable

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

Jurisdiction

Belgium

Document Type

Affidavit

Cost

Free to use

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