Yes, disinheriting a child is legal in Belgium but strictly regulated under the Civil Code, ensuring forced heirship protects descendants’ minimum inheritance rights. Courts may intervene if disinheritance violates mandatory succession rules or public order principles.
Key Regulations for Disinheriting a Child in Belgium
- Forced heirship (réserve héréditaire): Children are entitled to a reserved portion (typically 50% of the estate for one child, 66% for multiple). Disinheriting beyond this requires justification under Article 915 of the Civil Code.
- Valid grounds for disinheritance: Only specific legal causes (e.g., serious crimes against the testator, abandonment, or persistent disrespect) permit exclusion, per Articles 918–920. Vague or retaliatory motives are insufficient.
- 2026 compliance shifts: Pending reforms (e.g., draft law on “patrimoine familial”) may tighten scrutiny on disinheritance motives, requiring notarial validation of claims to prevent abuse of forced heirship rules.
Disinheritance must be explicitly documented in a will or notarial deed, with clear articulation of the legal grounds. Belgian courts interpret these provisions narrowly, often favoring reconciliation over exclusion. Non-compliance risks partial or full annulment of the disinheritance clause. Consult the Fédération Royale du Notariat Belge for updated templates and procedural guidance.