What is the devolution of an estate?

The devolution of an estate determines who is legally entitled to receive the estate of a deceased person and in what proportions. It forms the foundation of every estate settlement and must always be correctly established prior to any liquidation and distribution. Without a legally valid determination of the devolution, an estate cannot be settled.

This therefore refers to the body of rules that determines who is an heir and which rights accrue to each heir. The devolution may arise from a will or, in the absence of one, from intestate succession. In both cases, strict statutory provisions apply and must be complied with in order to guarantee the legal validity of the estate settlement.

Where a will exists, it must first be ascertained whether the document was validly drawn up, whether it is still in force and whether it respects the shares reserved by law for certain heirs. Where there is no will, or where it has no effect, intestate succession automatically applies.

The importance of correctly establishing the devolution

Correctly establishing the devolution of an estate is essential for the legal certainty of all parties involved. An incorrect or incomplete identification of heirs may lead to legal problems, including disputes, the nullity of notarial deeds and the reopening of estates that have already been settled. Moreover, a notary or estate administrator cannot distribute any funds until it has been established who the lawful heirs are.

Where the devolution of the estate is not immediately clear, probate genealogical research is an important tool. Through systematic analysis of archival sources and civil status records, it is possible to determine who is an heir within the statutory orders of succession and to prove their kinship legally. Geritance assists notaries, estate administrators and heirs in establishing the devolution of estates in Belgium. Our involvement ensures that all heirs are identified, that their rights are correctly established and that the further settlement of the estate can proceed in a secure and legally valid manner.