Inheritance law advice

Geritance provides specialised legal assistance to notaries, estate administrators and heirs in handling heirless or vacant estates in a careful, efficient and legally sound manner. We are neither a notary’s office nor a law firm. Our team consists of legal professionals with expertise in inheritance law and probate genealogy. In that capacity, we guide and advise heirs and clients on their rights and obligations within an estate.

We act as a substantive and coordinating link between heirs, notaries, estate administrators and public authorities. This position allows us to guide estates and prepare the file so that the competent notary or lawyer can act efficiently.

Once heirs have been identified and contacted, legal guidance is essential. Many heirs are unfamiliar with inheritance law and do not know what steps to take to claim their inheritance.

Geritance advises heirs on matters including:

• their position and rights as heirs;
• acceptance or renunciation of the estate;
• the consequences of debts, charges and tax obligations;
• the further legal and administrative steps within the estate.

Where necessary, we can represent heirs during the preparatory stages of the file and assist them in their dealings with notaries and public authorities.

Inheritance tax return and tax obligations

A crucial step in the settlement of any estate is the inheritance tax return. This return is a legal requirement and forms the basis for calculating and paying inheritance tax. A late or incomplete return may result in fines, interest and legal complications. Geritance assists in gathering the necessary information and documents, and can prepare and file the inheritance tax return in accordance with the applicable statutory deadlines and tax rules.

This step is essential in order to:

• regularise the estate from a tax perspective;
• provide the heirs with legal certainty;
• enable the subsequent distribution.

Instructing a notary

The actual distribution of an estate can only be carried out by a competent notary. Heirless and vacant estates, however, are rarely a standard case. These files require a particular approach, specific knowledge and experience of situations in which heirs are identified late or are located abroad, or in which the Belgian State has already been involved in the procedure. Not every notary handles such files on a regular basis. Geritance can, in consultation with the heirs, instruct the appropriate notary.

Thanks to our preparatory legal and genealogical work, the notary receives a complete, structured and well-documented file, which considerably shortens the processing time and limits the risk of disputes. If desired, we remain involved during the distribution phase, supporting both the heirs and the notary.