Project

Inheritance law, donations, wills and inheritance contracts

Code
bof/baf/4y/2025/01/083
Duration
01 January 2025 → 31 December 2026
Funding
Regional and community funding: Special Research Fund
Promotor
Research disciplines
  • Social sciences
    • Civil law
Keywords
Wills Donations inheritance contracts Inheritance law
 
Project description

The planned research project aligns fully with the objectives of the Basic Research Funding, as it concerns high-quality scientific research that directly addresses societal questions and needs.

The research area encompasses the law of succession, gifts, wills, and inheritance agreements, within the broader framework of family property law. Given the inherent interconnection between civil and tax law in this domain, both are subject to rigorous analysis. Civil procedural law in connection with family property law will also be examined.

Family property law is an area of law that inevitably affects each of us at some stage in life, such as upon the passing of a parent. However, it is a complex area of law. This is due to the highly technical nature of the regulation, the intricate interplay between civil and tax law and the broad spectrum of cases to which it applies, given the diversity of family structures and significant disparities in wealth across society.

The output of this project is a comprehensive reference work that will stand out in a number of areas, while combining theory and practice. As a starting point, in-depth theoretical analyses (including case law analyses) are carried out. The results are reported in a way that is perspicuous for practitioners. This output takes an important additional step towards practice by translating these theoretical insights into models and clauses of notarial and private deeds. Drafting well-constructed models is a profession in itself, as it requires both a keen understanding of societal dynamics and a profound knowledge of the law, while the wording must be concise and legally sound.

Although these models are extremely important for practising lawyers, legal doctrine rarely pays attention to them. Moreover, existing legal doctrine deals with civil law and tax law in separate textbooks, while it is indispensable to study their interaction.

This work will make a significant contribution, not only to academic discourse but also to the professional practice of notaries, family property law specialists, and estate planners.