Project R-14482

Towards a constructive and integrated approach of testamentary inheritance hunting in Belgium. (Research)

This doctoral thesis conducts legal-empirical research into testamentary inheritance hunting. Neither the Civil code nor the Criminal Code contains a definition of inheritance hunting. Over time, case law and legal doctrine have defined the contours of this concept. Traditionally, testamentary inheritance hunting is described as the situation in which a beneficiary (legatee) or a third party uses fraudulent means, tricks or lies that affect, reduce or influence the free will of the testator to dispose of his assets. Inheritance is therefore generally regarded as a special form of fraud in the case of gifts. However, inheritance hunting can also be combated through other instruments of a preventive, curative and repressive nature. The aim of the research is to develop a coherent framework for a constructive and integrated approach to testamentary inheritance hunting in Belgium. To this end, the instruments must be evaluated based on a predetermined assessment framework. Possible assessment criteria that apply include: 1) safeguarding the free and conscious will of the testator, 2) the effectiveness of the instruments, 3) the efficiency of the instruments, 4) safeguarding the interests of the heirs, 5) the internal coherence of the instruments (intra-instrumental coherence) and 6) the mutual coherence or coherence between the instruments (inter-instrumental coherence). The results of this evaluation will culminate in a number of preliminary proposals de lege ferenda that will be tested with legal professionals, including magistrates, lawyers and notaries. For this purpose, in-depth interviews and a heterogeneous focus group will be organised. Furthermore, a look beyond the borders is taken through a legal comparison with the Netherlands and France. Combining the results offers the opportunity to finally formulate some proposals for a constructive and integrated approach to testamentary inheritance in Belgium.

01 October 2023 - 30 September 2027