An increasing number of Belgians are rejecting an inheritance free of charge through a notary, with over 30,000 people having done so in the first six months of 2024 (11% more than last year).
By rejecting the inheritance, heirs avoid having to pay the deceased person's debts. For inheritances not worth more than €6,093.20, such a rejection can be done free of charge.
"The increase has mainly to do with low-threshold accessibility," said Notary Carol Bohyn. "Before, citizens had to go to court. Now it can be done at a notary's office in the neighbourhood. The option of free inheritance rejection through a notary is also becoming more familiar to the general public."
Figures by Belgium's Federation of Notaries (Fednot) show that 310,651 Belgians have already made a declaration of refusal before a notary in the period from March 2018 to June 2024 – an average of 4,087 people per month.
What to know if you want to refuse an inheritance
An heir has three options: accept the inheritance entirely, reject it or accept it under the privilege of inventory. The last option is recommended to people who are not sure what exactly they are inheriting. In that case, the notary will draw up an inventory of the income and debts. That way, people know where they stand.
If the heir is sure that the inheritance contains more debts than income, they can reject it. Rejecting a 'deficit inheritance' or 'small inheritance' can be done by having a declaration of rejection drawn up by a notary.
People can reject the inheritance free of charge if the amount they would receive, after deducting all debts, does not exceed €6,093.20.
In that case, the notary enters the details of the declaration of refusal in the so-called Central Register of Inheritance (CER), managed by the Federation of Notaries.
Credit: Belga
This entry is free of charge for the heir who falls under the conditions of a free-of-charge rejection. The costs are borne by a fund set up by the notary's office. If someone has rejected their inheritance, the deceased's creditors can no longer turn to them for payment of debts.
"It is enough for the heir to submit a copy of the deed of rejection to the creditor. The consequence, however, is that the heir relinquishes all assets from the deceased person's estate," said Bohyn. "So claiming personal items, for example photographs, from the estate is not possible."
In theory, an heir has 30 years to reject an inheritance, but it is best not to wait too long. "Otherwise you run the risk of doing something that will be considered a so-called tacit acceptance of the inheritance, and you will still have to pay the deceased's debts. For example, transferring a minuscule amount from the deceased's bank account to the heir's bank account can already be termed as tacit acceptance."
Additionally, there is another good reason not to delay such a rejection: if the heir should die without having rejected the estate, their heir(s) risk bearing the brunt.
