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The “Dual Bequest”, a new and interesting formula!

By means of a technique called “dual bequest”, you can legate part of your assets to CUNINA and at the same time favour your inheritors.

What is the “dual bequest”?

Article 64, paragraph 2 of the Code on Inheritance Taxes poses that one can stipulate in a will that person X receives a bequest, free of inheritance taxes, on condition of person Y taking over the burden of paying the inheritance taxes of person X.
There are 3 conditions:

• You draw up a will.
• You give a bequest to the benefit of one or more persons.
• You give a second bequest to the benefit of a non-profit organisation, who is obliged to pay all the inheritance taxessuccession rights.

The advantage of a “dual bequest” lays in the difference in inheritance taxes paid by a private person (up to 65%) compared to Cunina (8,8%). How high the inheritance taxes are, depends on the amount of the inheritance and de degree of family kinship.

Example (in Flanders)

Jan from Antwerp doesn't have any relatives. He legates 25,000 to his neighbour Louis.

In this example, Jan can leave a larger amomunt to his neighbour and still make a donation to Cunina.

Example (for the Brussels Capital Region)

Melanie from Brussels has no relatives. She legates 25,000 euro to her friend Marie.

In this example, Melanie can leave a larger amount to Marie and still make a donation to Cunina.

Nb: in any case, the technique of “dual bequest” is precision work with sometimes complicated calculations to make sure no-one is harmed. Always consult your notary.

Do you have any questions?

How high are the inheritance taxes?

As a humanitarian organisation, Cunina pays a limited amount of inheritance taxes, namely 8.8% in Flanders and the Walloon region, and 12.5% in the capital of Brussels.

Can I leave immovable goods?

Cunina has the right to accept bequests under the form of immovable goods. These immovable goods are sold, whether or not to fellow-inheritors, and the profits of the sale are used for the organisation's activities.

Can my testament be recalled?

The testament is only valid from the moment the donator deceases. Beforehand, it can be recalled by yourself at any given time. At the time of death, only the most recent testament is taken into account.
To avoid any possible loss or misunderstanding, it is better to entrust the testament to your notary. If you hand over the original testament to a notary, he is obliged to report its existence to the Central Register of Testaments, of the Federation of Notaries, without reveiling its contents. Both the notary and the Federation are obliged to stick to the highest professional confidentiality. No-one, except you, may know of the existence and the contents of the testament.

You can also help in another way

By means of a donation.
There are two kinds of donations:

The hand-to-hand donations

This is a direct and informal transfer of a good, given by the donor to the beneficiary, in this case Cunina.
Such donations are possible in the case of money, jewelry, furniture, money transfers, … One doesn't pay taxes for this kind of donations

Donations through notarial deed

The donation of immovable goods can only happen through notarial deed. In this case, the gift taxes, paid by Cunina, are the same as the inheritance taxes, being 8,8 %

• Donations and bequests( MS Word, 43 kB)

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