An Affidavit of Self Adjudication is a legal instrument used in Belgian inheritance law when formal probate proceedings can be avoided. This document is particularly useful in cases where there is a clear sole heir or when all heirs are in agreement about the distribution of assets. The affidavit must be executed before a Belgian notary and requires detailed information about the deceased's estate, the declarant's relationship to the deceased, and confirmation of inheritance rights. It streamlines the inheritance process while ensuring compliance with Belgian succession laws and tax regulations. The document is commonly used for settling smaller estates or when there are no disputes among potential heirs, providing a cost-effective and time-efficient alternative to full probate proceedings.
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1. Title and Declaration: Formal title of the document and opening declaration stating this is an affidavit made under oath
2. Declarant Information: Full legal name, address, and identification details of the person making the affidavit
3. Deceased Person's Information: Details of the deceased including full name, last address, date and place of death
4. Relationship Statement: Clear statement of the declarant's relationship to the deceased and basis for inheritance rights
5. Legal Basis: Citation of relevant Belgian laws supporting the right to self-adjudication
6. Estate Description: Detailed description of the deceased's estate, including all assets and liabilities
7. Heir Declaration: Statement confirming the declarant is the sole heir or has authority to act for all heirs
8. Tax Compliance Statement: Declaration regarding compliance with tax obligations and inheritance taxes
9. Verification: Statement verifying all information provided is true and correct
10. Execution: Date, signature block, and notarial acknowledgment
1. Other Heirs Waiver: Required when there are other potential heirs who have waived their rights
2. Foreign Assets Declaration: Needed if the deceased owned assets in other countries
3. Prior Marriage Statement: Required if the deceased had previous marriages that could affect inheritance rights
4. Minor Heirs Protection: Necessary when the interests of minor heirs need to be protected
5. Debt Assumption: Statement assuming responsibility for deceased's debts, if applicable
6. Property Valuation: Detailed valuation section required for estates exceeding certain value thresholds
1. Death Certificate: Certified copy of the deceased's death certificate
2. Identity Documents: Copies of declarant's identification documents and proof of relationship
3. Estate Inventory: Detailed list of all assets and liabilities in the estate
4. Tax Clearance: Documentation showing compliance with inheritance tax requirements
5. Heir Waivers: Signed waivers from other potential heirs, if applicable
6. Property Documents: Title deeds, registration documents for properties in the estate
7. Bank Statements: Recent statements for all bank accounts in the estate
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