2023-11-26 11:53:55
Last year, 51,817 Belgians renounced an inheritance before a notary, according to statistics published on Sunday by the Federation of Notaries (Fednot). This number has been increasing since 2018.
Accepting an inheritance is not obligatory. The law provides for three possibilities upon the death of a loved one: consent to the inheritance, renounce it or accept the inheritance with the benefit of an inventory. In the latter case, a notary includes in the inventory all the assets of the estate and all the debts communicated either by the heirs themselves or by the creditors. The assets of the person who inherits and that of the deceased do not then merge and the debts of the latter will therefore only be paid off with the inheritance assets. However, this procedure has a cost, which is around 1,500 euros, and is more cumbersome, since it includes in particular a publication in the Moniteur Belge as an appeal to creditors to come forward.
The number of people who have refused an inheritance free of charge has been increasing for five years, notes the Federation of Notaries. In 2018, the number of free waivers stood at 35,992. Then, this figure increased from 45,505 to 46,165 between 2019 and 2020. It increased further in 2021, to 49,532, then in 2022. For the year 2023, the federation had recorded 38,632 refusals of succession until September.
This increase can be explained by a double factor, according to Sylvain Bavier, spokesperson for Notaire.be. On the one hand, inheritances previously fell under the jurisdiction of the courts, which did not publicize the different modalities, he points out. “This skill then returned to notaries in 2018.” On the other hand, “we observe quite a few ‘broken’ families, with branches which no longer have contact with each other and give up because they do not want to (to invest in these procedures, Editor’s note) or think that only debts remain.
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