Reforming Belgian Inheritance Law - Interview with Netto De Tijd (Hervorming Belgisch Erfrecht - in Dutch)
Alain Laurent P. G. Verbeke
University of Leuven, Faculty of Law, Department of Private Law; Harvard Law School; University of Leuven, Faculty of Psychology; Tilburg Law School Department of Private Law and TISCO; Catholic University of Portugal (UCP) - Católica Global School of Law; University of Brussels (VUB/ULB) ; Greenille (Attorneys, Notaries and Tax Advisors; Brussels, Antwerp, Amsterdam, Rotterdam)
November 13, 2010
Interview with Netto De Tijd: In this interview I argue that Belgian inheritance law is outdated. A substantial reform is needed, not the small ad hoc changes that some politicians are envisaging. Forced heirship rules should be abolished. A distinction should be made between family property passed through generations and partner property, established by partners of a couple through their labor and joint efforts in their joint venture/partnership as a couple. The claim of the blood must be limited to family property. Marital gains however should be awarded to the partners. Imperative rules should be limited to marital property law. It should also be made possible to make contracts about the succession. Also more attention is needed for preparing heirs: open communication in families and investing in psychological and emotional aspects of the relationship seem more important than mere legal planning.
Number of Pages in PDF File: 3
Keywords: Inheritance Law, Marital Property Law, Comparative Law
JEL Classification: K11, K12working papers series
Date posted: March 12, 2011
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