An inheritance that is being disputed: where to start

Inheritance arguments are rarely about the law at first. They are about a house, an unequal gift made twenty years ago, or a sibling who handled the accounts. The law arrives later, and when it does it is more structured than people expect.

The notary comes first

In Belgium an estate is normally settled by a notary, who establishes who the heirs are, draws up the certificate or deed of inheritance, values the estate and prepares the division. The notary is not on anybody's side — that is the point of the office — and cannot act as one heir's advocate. Where the heirs agree, that is enough and no lawyer is needed at all.

Where disputes actually come from

Three sources, repeatedly. Gifts made during the deceased's lifetime, which have to be brought back into account when the estate is divided. A will that reduces one heir's share below the part the law reserves to children and, in some situations, the surviving spouse. And an estate containing something indivisible — a house, a farm, a company — which someone wants to keep and someone else wants sold.

Each of these has a technical answer, and the technical answer is usually what unlocks the family one.

Time limits you should not drift past

An heir must decide whether to accept the estate, accept it under benefit of inventory, or refuse it. That matters most when there may be debts: accepting outright means accepting them too. There are deadlines, they can be shortened by other parties, and the decision is hard to undo.

Claims about a reduced reserved share and actions to challenge a will also run against limitation periods. Waiting for the family to calm down is understandable and can be costly.

When to bring in your own lawyer

When the heirs' interests genuinely diverge, one impartial notary is no longer enough. A lawyer acting for you can ask for documents you have not been given, put a valuation in issue, and represent you if the division has to go before a court. Many files are settled by negotiation in weeks; a contested judicial division is measured in years, which is itself an argument for taking advice early.

Bring the death certificate, the marriage contract if there was one, any will, the notary's correspondence, and a list of the gifts and transfers you know about.

This page is general information about how these matters usually work in Belgium. It is not legal advice about your own case, and only a lawyer who has read your documents can give you that.