Starting next year, de facto cohabitants in Brussels will be considered equivalent to legal cohabitants and spouses regarding inheritance rights, given that they meet certain criteria. This has been approved by the Brussels government by means of a preliminary draft ordinance that modernizes inheritance rights in the region in accordance with the general policy statement of the Vervoort team. One of the goals of this reform is to adapt inheritance rights to the current living standards in the Capital Region. The adjustment will not result in any additional expenses for the budget. The new regulations provide for the assimilation of de facto cohabitants to spouses and legal cohabitants under certain conditions that require the formation of a common household. Additionally, there will be a new reduced rate of 3% for a bequest to a friend for the first tranche of €15,000, which will apply to those taxpayers who fall within certain categories. The draft ordinance is subject to the opinion of the Council of State, social partners, and the FPS Finances. Its validity will start in 2024.
Under certain conditions, de facto cohabitants will be assimilated to spouses and legal cohabitants, in terms of inheritance rights, in Brussels, from next year.
The Brussels government validated on Thursday a preliminary draft ordinance modernizing inheritance rights in the Brussels Region in this sense, in accordance with the general policy statement of the Vervoort team.
“The adaptations of the current system of inheritance rights that we want to implement respond to social developments in terms of forms of cohabitation“, commented the Brussels Minister of Finance Sven Gatz (Open Vld), at the end of the meeting of Brussels ministers.
According to him, the objective of the reform is to adapt inheritance rights to the needs of current life in the Capital Region. These adjustments do not impose any additional burden on the budget.
In concrete terms, the new regulations for inheritance and gift tax provide for the following measures: Assimilation under certain conditions of de facto cohabitants to spouses and legal cohabitants.
The project aims not to penalize people who, on the threshold of their life, live together without having formalized their union. The conditions for this assimilation are that the people have together formed a common household (in principle 1 year to benefit from the lowest rates, but 3 years to benefit from the exemption on family housing).
Introduction of a reduced rate of 3% (“bequest to a friend”) on a first tranche of 15,000 euros (for the entire estate) for persons taxed according to the rates between brothers and sisters, between uncles/aunts or nephews and nieces and among all other persons, who are specifically designated in the will of the deceased.
The preliminary draft ordinance will be subject to the opinions of the Council of State, the social partners and the FPS Finances. The ordinance will apply in principle from 2024.
The upcoming changes to inheritance rights in Brussels reflect a progressive approach to adapting to the evolving forms of cohabitation in modern society. By assimilating de facto cohabitants to spouses and legal cohabitants under certain conditions, the government aims to provide fair and equitable treatment to all individuals, regardless of their formal union status. The introduction of a reduced rate of 3% for a first tranche of 15,000 euros for persons taxed according to specific rates also demonstrates a commitment to supporting families and loved ones during difficult times. These adjustments demonstrate a forward-thinking approach to legislation, responsive to the needs of the people who call Brussels home.
