Every year, many Belgians—whether or not through a notary—draw up a will to benefit a family member or dear friend after their death. But life doesn't stop after making a will.
What if someone who left everything to their brother suddenly meets a new love? Does the will still apply in full? Is a will forever? In this blog, we offer a few answers.
The Three Types of Wills
In Belgium, there are three types of wills. First, there is the holographic will. This is a will that the testator writes, dates, and signs entirely by hand. Although no witnesses are required and it is inexpensive to create, it also has drawbacks: it can be lost, be legally imprecise, and has weaker evidentiary value.
Second, there is the notarial will. In this case, the testator dictates their wishes to a notary in the presence of two witnesses. The notary then transcribes these wishes into a legally correct document, reads it aloud, and has it signed by the testator and witnesses. Though more expensive, this type of will has important advantages: it cannot be lost, is held by the notary at the time of death, and rarely contains legal errors.
Finally, there is the international will. This form is mainly useful when the inheritance has international aspects—for example, when the testator owns property in multiple countries.
A Will Is Always Revocable
A will is a flexible legal instrument and can be revoked at any time. In case of conflict with a son or daughter, friend or partner, the will can easily be updated. For a holographic will, drafting a new document is sufficient. For a notarial will, you return to the notary. Importantly, a will is not a contract that requires the consent of third parties: it is the expression of your personal wishes.
What If The Reason No Longer Exists?
But what if you forget to update your will even though your circumstances have changed? Consider the following example:
Eighty-five-year-old Peter is no longer able to live independently. As a nursing home is not immediately available, his friend Diego and Diego’s wife Emilie offer to take him in temporarily. Out of gratitude, Peter decides to leave everything to them in his will. He lives with Diego and Emilie for four years.
After his death, his nephew Jozef discovers that Peter left his entire estate to the couple. But there's more: Diego and Emilie reportedly had Peter co-sign a car loan, charged several bills to his name, and severely neglected him—to the point that the nursing home found Peter to be malnourished. However, Peter never changed his will.
In a similar case, the Court of Cassation recently ruled—for the first time—that a will may be invalidated under certain conditions if the reason (or cause) for it has disappeared. Three cumulative conditions must be met:
- The cause of the will has lapsed.
The “cause” is the decisive reason the will was created. In Peter’s case, it was his gratitude for the care of Diego and Emilie. Since they did not actually care for him, that reason no longer exists.
- The cause lapsed through no fault of the testator.
Peter did not choose to be mistreated. This condition is also fulfilled.
- The lapse occurred before the testator’s death.
Since the neglect happened while Peter was still alive, this condition is also met.
If all three conditions are satisfied, it is legally possible to have the will annulled.
Conclusion
A will reflects the testator’s wishes at a certain point in their life, but circumstances can change drastically. It is therefore advisable to regularly reassess testamentary provisions, preferably in consultation with your lawyer.
Do you believe a deceased relative created a will that no longer reflected their true wishes? Vanbelle Law Boutique is ready to advise and assist you. We ensure that your loved one’s final will is honoured in a fair and lawful manner.
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