Legacies and inheritances

What is a legacy?

A legacy is a donation by will of movable and/or real estate

What are the differences between a legacy and a donation?

A legacy and a donation are two means of transmitting heritage, but they have several essential differences:

1. Timing of transmission
   • Donation: Is done during his lifetime. The donor immediately transfers property to another person (the donee).
   • Legacy: Only takes effect on the death of the testator, via a will.
2. Formalities
   • Donation: In general, it must be made by notarial deed (except for certain manual or indirect donations, such as a bank transfer).
   • Legacy: Must appear in a will, which can be holographic, authentic or international.
3. Possibility of revocation
   • Donation: In principle irrevocable, with exceptions.
   • Legacy: Modifiable or revocable at any time by a new will.
4. Inheritance fees and duties
   • Donation: Subject to gift taxes, which are often more advantageous.
   • Legacy: Subject to inheritance tax, which is generally higher.
5. Advantages and disadvantages
   • ✅ Donation: Optimizes taxation, but is definitive.
   • ✅ Legacy: Retains full ownership until death, but carries more rights.

What are the different types of bequests?

1. The universal legacy: Transmits the entire heritage, respecting the reserved shares.
2. The universal legacy: Concerns a specific part or set (e.g.: all accounts).
3. The particular legacy: Targets a specific asset (object, building, sum of money).
4. The duo’s legacy: Associates an organization (e.g. FNRS) to pay inheritance tax in place of a loved one.
5. The legacy with charge: Implies an obligation (maintain property, pay a sum, etc.).
6. The residual legacy: Provides for a two-step transmission (e.g. To the spouse, then to the children).

Each type of bequest must be carefully drafted to avoid any ambiguity and comply with current legislation.

How to write a legacy in favor of the FNRS?

The will must be drawn up in favor of the Scientific Research Fund – FNRS .

• Name: F.R.S.-FNRS
• Status: Public utility foundation
• Head office: Rue d’Egmont 5 in 1000 Brussels
• Company number: 0885.324.344

Valid forms of will

• Holographic will: written, dated and signed by the hand of the testator. Simple to make, but can be disputed or misplaced. To be registered with a notary if possible.
• Notarized will: Written by notary, with witnesses. Registered in the central register of wills.
• International will: Valid abroad. Signed with notary and two witnesses.

Why is the duo inheritance advantageous if I do not have a direct heir?

It allows a loved one (friend, nephew, etc.) to benefit without having to pay inheritance tax, because these are covered by the F.R.S.-FNRS.

Can I change my will later?

Yes, you can change it at any time with a notary.

What are the tax advantages of a bequest to the FNRS?

Legacies to associations recognized as being of public utility benefit from a preferential tax regime.

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