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Heirs in disagreement in Belgium

Conflict over the partition? You can still file the tax declaration on time. Then notary, mediator or family court help reach a partition.

By Laurens De Leeuw4 min readUpdated on 19 April 2026

Rather not face this paperwork alone? Nalenta guides you through it for 129 euros.

An estate with multiple heirs disagreeing about distribution, real estate or the declaration is a common problem in Belgium. Several structured paths exist, with or without a court.

First: you can file without full agreement on distribution

Key insight: the inheritance declaration does not require full agreement on the split. You declare the assets and the heirs under the legal devolution or an existing will. The actual partition can be settled later.

You therefore do not waste time on the 4-month tax deadline while quietly negotiating the distribution.

Three main paths in conflict

Path 1: amicable partition at the notary

The notary draws up the inventory, values real estate and proposes a partition (for example, one heir buys out the others). On agreement, a deed of partition is signed.

Cost: about 1,500 to 4,000 euros depending on complexity and number of deeds.

Path 2: mediation

An accredited family mediator helps heirs reach agreement in a neutral setting. Faster and cheaper than court, often a prerequisite for conciliation at the notary.

Cost: 80 to 150 euros per hour, on average 4 to 8 hours.

Path 3: judicial partition

When agreement is impossible, any heir can ask the family court for judicial partition. The court appoints a notary who handles the file and, if necessary, organises the public sale of the property. Long and costly (1 to 3 years, 5,000 to 20,000 euros).

Frequent friction points

  • One heir wants to keep the family home, others want to sell → buyout at valued price or public sale.
  • Gifts or advances on inheritance → check the "report" in the inventory.
  • Diverging valuations of a property → appoint an independent appraiser.
  • An heir keeps keys or contents → recover, if needed via bailiff.
  • Acceptance or renunciation → individual, but one renunciation can block the notary.

Read about accepting or refusing.

Practical tips

  1. Write everything down to avoid disputes;
  2. use a joint account for estate costs and keep proofs;
  3. immediately request a 3-year bank statement to ensure transparency;
  4. meet the tax deadline despite the conflict (request an extension if the partition is complex);
  5. avoid direct confrontation, work through the notary or mediator.

What does Nalenta do?

Nalenta is a fiscal declaration tool, not a mediator. But we help you quickly produce a fiscally correct declaration based on the legal devolution or an existing will, so you meet the tax deadline and handle your conflict separately via notary or mediator.

For the procedure see doing the declaration yourself and, when in doubt, when a notary is needed.

Frequently asked questions

Do all heirs need to agree to file the declaration?

No, the declaration follows the legal devolution or an existing will. The actual partition can be handled separately and later.

What if one heir blocks?

Try mediation first, then amicable partition at the notary and, as last resort, judicial partition at the family court.

What does judicial partition cost?

Between 5,000 and 20,000 euros and 1 to 3 years to complete.

Can I sell inherited real estate alone?

Not without the other co-owners' agreement or a judicial sale decision.

Ready to open your own dossier?

Nalenta walks you step by step through the inheritance declaration. 129 euros one time, no VAT, no subscription.

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