What is a non-profit bequest?
How does the "non-profit bequest" work?
The "non-profit bequest" is specified in article 64, paragraph 2 of the Belgian Death duties Code. This stipulates that you can lay down in a will that person X receive a bequest, free of death duties, provided that person Y pays the death duties. The advantage of the “non-profit bequest” is in the difference of death duties that a private person pays (up to 65%) compared to MWV (8.8% in Flanders and 12.5% in the Brussels Capital Region).
Example:
Henry G., from Ghent, is 65 and widower. He has no family. By will he leaves 25,000 euro to his friend Peter B.With a normal bequest:
Henry G. leaves 25,000 euro to Peter B. and nothing to MWV. After his death the inheritance is divided as follows:| Peter B. | MWV | the State | |
| Gross bequest | 25.000 € | 0 € | |
| Death duties | 11.250 € | 0 € | 11.250 € |
| Net benefit | 13.750 € | 0 € | 11.250 € |
With a non-profit bequest:
Henry G. leaves 15,000 euro to Peter B. and 10,000 euro to MWV (which pays all the death duties).
| Peter B. | MWV | the State | |
| Gross bequest | 15.000 € | 10.000 € | |
| Death duties | 11.250 € | 0 € | 11.250 € |
| a. on 15.000 € x 45% | 6.750 € | 6.750 € | |
| b. on 10.000 € x 8,8% | 880 € | 880 € | |
| Net benefit | 15.000 € | 2.370 € | 7.630 € |
In this example, Henry G. is able to bequeath a larger sum to his friend and make a donation to MWV.
In every case, so as not to disadvantage any of the parties, the "non-profit bequest" technique can involve complicated calculations. Always consult your civil-law notary.




