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Why leave a gift in your will?
You support and stand in solidarity with the world’s most vulnerable children and young people, and you contribute to ETM’s educational projects in the South. What is more, in some cases your heirs can benefit from an attractive tax advantage.
You can leave a bequest through:
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a notarial will
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or your own will.
If you do not make a will, your estate will be distributed according to Belgian statutory inheritance law. The reserved portion is the statutory share that goes to the children and the spouse. The disposable portion can go to ETM; since 1 July 2021, you pay 0% inheritance or gift tax on it in Flanders, and the charity pays no inheritance tax on what it receives by will.
Distribution of inheritance under Belgian law
However, if you live in the Brussels-Capital Region or the Walloon Region, the duo legacy is still possible. This technique can give your loved ones a very significant tax advantage. Put simply, the duo legacy consists of two testamentary provisions (legacies) within the same will:
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On the one hand, a provision in favour of a charitable organisation (general legacy), whereby a large part of the estate is passed on by will to a charitable organisation (usually in the form of a non-profit organisation or a foundation), on condition that the charitable organisation pays all the inheritance tax on the estate;
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On the other hand, a provision in favour of another relative or friend (specific legacy), who receives certain assets from the estate free of inheritance tax (the tax being paid by the charity).
The rules for the duo legacy differ between the two regions. In the Brussels-Capital Region, the rate is 7% for non-profit organisations (ASBL) recognised at federal level for the tax deductibility of donations. In the Walloon Region, the rate for legacies is 7%.
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the total amount of your donation or legacy goes in full to the charity.
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With the abolition of inheritance tax, duo legacies are no longer possible in Flanders.
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Inheriting as a friend is also possible if you have been named in a will. You will then pay only 3% inheritance tax on the part of the inheritance up to a maximum of €15,000.
With the new regulations:
