International Succession in Belgium: Which Documents to Have Translated

Are you managing a cross-border inheritance involving Belgium? Whether assets are held in multiple countries or heirs reside abroad, sworn translation of international succession documents in Belgium is a legal requirement at every stage of the process - from the notary's office to the courts.

See also: Brussels · Antwerp · Liège · Ghent

International succession in Belgium: the legal framework

Belgium is a federal state with three official languages - French, Dutch and German - and a long history of international mobility. Thousands of Belgian residents hold assets abroad, and an equally large number of foreign nationals own property in Belgium. When someone dies with cross-border connections, both Belgian domestic law and European rules come into play.

EU Succession Regulation 650/2012, which has applied across all Member States since 17 August 2015, establishes a single set of rules to determine which country's law governs an international succession. The general principle is that the law of the country where the deceased was habitually resident at the time of death applies to the estate as a whole. The Regulation also introduces the European Certificate of Succession, a standardised document recognised in all EU Member States.

Despite this harmonisation, Belgian notaries, courts and public administrations continue to require sworn translations whenever foreign-language documents are submitted.

When is a sworn translation required in a Belgian succession?

In Belgium, a sworn translation (traduction jurée / beëdigde vertaling) produced by a translator registered with a Belgian Court of Appeal is required in the following situations:

• Submission of a foreign death certificate to a Belgian notary or municipality
• Registration of a foreign will with the Central Register of Last Wills
• Filing of foreign notarial deeds (donations, powers of attorney) as part of a Belgian succession
• Any proceedings before a Belgian court of first instance or court of appeal involving foreign-language documents
• Submission to the Federal Public Service Finance (inheritance tax declaration)
• Transfer of foreign real estate registered in Belgium through a Belgian notarial deed

The role of Belgian notaries in international successions

In Belgium, notaries play a central role in settling estates. They draw up the deed of succession, handle the declaration of inheritance, and co-ordinate with foreign authorities when assets or heirs are located abroad. For international successions, Belgian notaries typically require:

• A certified copy of the death certificate and its sworn translation
• A sworn translation of any foreign will or testamentary disposition
• Sworn translations of any foreign property documents (land registry extracts, ownership certificates)
• Sworn translations of powers of attorney from heirs residing abroad
• Any relevant foreign court orders relating to the estate

The Belgian notary may also assist in obtaining the European Certificate of Succession if the deceased was habitually resident in Belgium, which simplifies the recognition of the estate in other EU Member States.

Documents most commonly translated in Belgian international successions

Based on our experience with cross-border estate files in Belgium, the most frequently translated documents include:

• Death certificates: foreign death certificates must be translated and, where required, apostilled before submission to Belgian authorities
• Wills and testamentary dispositions: holographic wills, notarial wills, international wills drafted abroad
• Foreign notarial deeds: deeds of donation, property titles, co-ownership agreements
• Bank and financial statements: asset inventories from foreign banks, brokerage accounts, pension funds
• Powers of attorney: authorising a Belgian resident to act on behalf of a foreign heir
• Foreign court orders: probate orders (common in common-law jurisdictions), judicial declarations of succession, guardianship orders for minor heirs
• Company documents: share certificates, shareholder agreements, if the estate includes business interests

Inheritance tax in Belgium and the impact on translations

Belgium levies inheritance tax (droits de succession / erfbelasting), administered at regional level by the Brussels-Capital Region, the Walloon Region and the Flemish Region respectively. Each region has its own rates and exemptions. For international successions, the inheritance tax declaration submitted to the competent regional authority must include sworn translations of all foreign-language supporting documents.

Deadlines for submitting the inheritance tax declaration are strict: generally four months from the date of death for deaths occurring in Belgium, and five months for deaths abroad. Delays in obtaining sworn translations can have financial consequences, making it essential to commission translations as early as possible in the succession process.

City-by-city succession translation guides

We have prepared detailed guides for each major Belgian city, covering local notaries, courts and specific requirements:

• International succession translation - Brussels
• International succession translation - Antwerp
• International succession translation - Ghent
• International succession translation - Liège
• International succession translation - Bruges
• International succession translation - Namur
• International succession translation - Charleroi
• International succession translation - Mons
• International succession translation - Louvain