Why is heir research necessary?

Where there is no will, the first step is to establish who is legally entitled to inherit. This is not a mere formality, but an essential part of a correct and legally valid administration of the estate.

Until the beneficiaries are known, a notary or estate administrator cannot distribute the net estate. Identifying the heirs is not always straightforward: families are complex, borders are crossed, documents are missing, and relatives have sometimes had no contact with one another for many years.

Identification & location

An heir may be legally known yet impossible to find in practice. In many cases, the challenge lies not only in identifying all those entitled, but above all in locating and reaching each heir.

As long as a single heir is missing or cannot be contacted, the administration of the estate often remains incomplete or legally vulnerable. We therefore combine genealogical research with targeted tracing: recent addresses, changes of residence and residences abroad are carefully reconstructed. For more information, click here.

Legal framework

Under Belgian law, where there is no will, the law determines who inherits according to a system of “orders” of heirs.

• First order
  Descendants: children, grandchildren, great-grandchildren, etc.
• Second order
  Parents, brothers and sisters, and their descendants.
• Third order
  Ascendants: parents, grandparents, great-grandparents.
• Fourth order
  Uncles and aunts and their descendants (where applicable, by representation), great-uncles and great-aunts (to the exclusion of their descendants).

The surviving spouse does not belong to any order, but holds separate inheritance rights, which vary depending on the heirs with whom they inherit.

Incomplete heir research creates risks: subsequent challenges, reopening of the file, or claims by heirs who come forward at a later stage. A genealogical report provides legal certainty for all parties involved. By identifying every heir and documenting their entitlement with verifiable sources, we reduce the risk of error and enable the notary or estate administrator to act on a well-founded file.

Protection of rights

Heir research ensures that:

• the deceased’s assets are distributed correctly and as prescribed by law;
• no one entitled to the inheritance is overlooked;
• no one is wrongly excluded;
• vulnerable heirs and heirs living abroad are reached.

Our methodology

Research in municipal archives is a key part of our work.

• Population registers
  These registers show who lived at which address, together with place of birth, civil status, household members and moves to other municipalities. They allow family structures to be reconstructed and migration within or outside Belgium to be traced, which is essential in heir research.
• Civil status records
  Birth, marriage and death certificates form the legal basis for establishing kinship. They confirm family ties and constitute indispensable evidence for verifying heirship.

Outcome: on completion of our research, we deliver a comprehensive report, sound in both genealogical and legal terms, including an overview of the family structure (family tree), the identification of all heirs entitled to inherit, the heirs’ contact details and an explanation of each heir’s position in the succession.

This report can be used immediately by the notary or estate administrator to complete the administration of the estate.

Our core values