Inheritance and a will

There are 3 different form in which a will can be made in Belgium: openbaar testament, eigenhandig testament and testament in internationale vorm. But also wills made outside Belgium can be accepted.

There are 3 different ways to get something in a will: algemene legataris, legataris ten algemene titel and bijzondere legataris.

It's possible that in a will one or several 'algemene legatarissen' have been appointed. Each of these persons can inherit the entire inheritance. The appointment as 'algemene legataris' in a will can be .

Under Belgian inheritance law, there are rules of forced heirship. Still it's possible to appoint an 'algemene legataris' in a will in contradiction with the forced heirship rules.

If no rules of forced heirship are involved, the 'algemene legataris' will be allowed to take immediate possession of the goods of the inheritance. In case rules of forced heirship are involved and an 'alegmene legataris' has been appointed in a will, it will be the heir (appointed by the rules of forced heirship) who is allowed to take possession of the goods of the inheritance. Then the 'algemene legataris' will have to ask the heir to give the part of the inheritance for which no rules of forced heirship are applicable.