Why make a will?
Without a will, statutory inheritance law applies. This means your estate is divided according to fixed rules — which may not match your wishes. A will lets you specify exactly who inherits what, make bequests to specific people or charities, and appoint an executor.
There are significant differences between the three Benelux countries regarding reserved portions, freely disposable shares and tax treatment of inheritances.
Types of wills in the Benelux
1. Holographic will — entirely handwritten, dated and signed by the testator. Valid in all three countries, but carries risk of loss or dispute.
2. Notarial will (authentic deed) — drawn up by the notary in the presence of witnesses. The safest option: registered in the Central Register of Wills.
3. International will — drawn up according to the Washington Convention (1973). Useful for expats with assets in multiple countries.
Costs
In Belgium, a notarial will typically costs €250 to €500 (fixed fees + VAT). Registration is included.
In the Netherlands, costs range from €300 to €700 depending on complexity. Since the Netherlands has a free market, comparing quotes is worthwhile.
In Luxembourg, costs are around €300 to €600. Registration is mandatory.
Reserved portion and freely disposable share
In Belgium, children have a right to a reserved portion. Since 2018, this is limited to half the estate regardless of the number of children.
In the Netherlands, children can claim the legitimate portion: half their statutory share in money (not in kind).
In Luxembourg, the reserve is stricter: half for one child, two-thirds for two children, three-quarters for three or more.
Tips
• Always have your will registered through a notary — this ensures it is found after your death.
• Review your will after every major life event (marriage, divorce, birth).
• Consider a notarial will if you have international assets.
• Discuss the tax consequences with your notary — inheritance tax varies greatly by country and degree of kinship.