A practical guide for the bereaved
The death of a loved one evokes many emotions. At the same time, after the death you have to arrange all kinds of practical matters that you may prefer not to think about at that time. To help you keep an overview, read here:
- Who you should notify of the death
- How to make funeral arrangements
- What happens to the deceased's possessions.
Just after death
Immediately after the death, a physician must determine the death. The doctor prepares a medical certificate of death. On it, the date and time of death, as well as the cause of death, is stated.
The deceased's next of kin can self-declare the death at the municipality's civil registry and arrange the funeral. You can also hire a funeral director to handle the entire handling and administration of the funeral.
The death must be declared at the civil registry of the municipality where the person died.
Arranging the funeral
Perhaps the deceased had specific wishes about burial or cremation:
- the deceased may have already prepared the funeral, with or without a funeral director
- the deceased may have given you certain instructions
- the deceased may have filed a will with the municipality
- the deceased may have stated his wishes in a will.
In the latter case, however, the funeral may not follow the wishes of the deceased, since a will is usually not opened until after the funeral, and the next of kin do not always know the wishes about the corpse care in advance.
Notifying the bank
The heirs themselves must contact all banks where the deceased had assets, such as bank accounts, savings accounts, deposit books, safe deposit boxes, etc... The bank is then required by law to block these assets. Blocking prevents further withdrawals of sums without the consent of all the deceased's heirs. You may not be fully aware of the deceased's banking affairs. The Belgian Bank and Stock Exchange Association can help you look it up.
The bank must prepare a list of all assets and transfer it to the Administration of Registration. Later, this list is used to verify that everything is included in the estate's declaration.
Deposits can be unblocked if the bank is officially informed of the deceased's legal heirs. This can be done through:
- A certificate of succession issued by a the FPS Finance.
- OR a deed of succession prepared by the notary public, if an attestation of succession is not sufficient
Attestation or deed of succession
At the time the bank releases the assets, all heirs must be present in person or by power of attorney.
While waiting for the assets to be unblocked, the bank can make the money available to the next of kin for a number of charges. This is subject to conditions.
The money is intended for such things as funeral expenses, expenses related to the last illness, expenses related to the last residence,...
Under certain conditions, the bank can also give an advance to the surviving spouse or legal cohabitant.
Notifying other agencies
It is quite possible that you will need to notify many agencies of the death of your loved one. In addition to the municipality and the bank, notify the following agencies:
- the deceased's employer, if the deceased was still at work
- the health insurance fund
- Directorate for Vehicle Registration (DIV).
- If the deceased had a car or other motor vehicle, the license plate must be returned to the Division of Vehicle Registration (DIV).
- If your partner has died, you can take over the license plate if you were married or legally cohabiting. The license plate can also be taken over by one of your children. In that case, too, notify the DIV so that the vehicle can be registered in your name or your child's name.
- Insurance company(ies) with which the deceased had purchased insurance
- a notary if there is e.g. a will, an inheritance agreement, a contractual bequest or a marriage contract.
- the growth package payer if applicable. If the death is registered, this registration flows through to the growth package payer after a short processing time. There is a chance that another payment may be made in the meantime, which will then be recovered later. In this sense, it is advisable to notify the growth package payer of the death by e-mail.
Consulting a notary public
If necessary, you can appeal to a notary. The notary first checks whether the deceased left last wishes in a will. Only after that has been checked can he or she determine who is entitled to what portion of the estate.
The notary gathers information about the entire contents of the estate. He or she advises the next of kin about the estate (such as the possibility of refusing or accepting the estate under the privilege of estate planning).
Applying for a survivor's pension
A widow or widower may be entitled to a survivor's pension in certain cases. The survivor's pension is calculated based on the deceased spouse's career.
Heirs
If the deceased did not make a will or marriage contract, the law designates the heirs. The legislature established a ranking and divided the heirs into four orders according to blood relationship. A higher order always excludes a lower one. Within the order, the degree determines whether or not you inherit.
In addition to the legal arrangement, everyone has some freedom to arrange his or her estate through will, marriage contract, cohabitation contract or gifts.
Inheritance tax
If you inherited from someone who had their home in Belgium, you will have to pay inheritance tax. Based on an estate declaration, the collector will calculate the duties due and determine each heir's share.
Do you have a question?
Feel free to call us at +32 476 31 75 60, or a email send. We are ready to listen to your wishes and work with you to find the appropriate urn.