Watch out for the suspicious period!
It is traditionally in Flanders that donations are most widespread and this is still the case in 2024: around 68% of real estate donations and 65% of movable donations were recorded in the north of the country, the balance being shared between the Wallonia (24.4% of the total) and Brussels (only 8% of donations made in Belgium). “As we had already noted for extrajudicial mandates, the Flemings think and act more in advance to settle their inheritance in the same way as their end of lifereports Renaud Grégoire, notary and spokesperson for notaire.be. The number of wills, inheritance pacts and adaptations of marriage contracts is also higher in Flanders than in the other Regions.”
As a reminder, although real estate donations must be passed before a notary, this is not the case for movable donations (money, jewelry, shares, furniture portfolio, etc.). But unregistered donations (or manual donations) remain in the sights of the authorities: if the donor dies during a “suspicious period” (3 years in Brussels; 5 years in Wallonia; and 3 years which will increase to 5 years in Flanders, in 2025), the beneficiary will have to pay inheritance tax calculated on the value of the property received – this is not the case for registered movable donations.
Personal property donations: Flanders will extend the “suspicious period”. And Brussels?
We give more and more later
The notaries also looked at the average age of donors and recipients of donations. And according to the analysis of figures for the first nine months of 2024, the federation specifies that the average age of donors, slightly increasing, was 72 years for real estate donations and 77 years for movable donations. “Compared to 2015, the average age of donors increased slightly, as it was 75 years for movable donations and almost 71 years for real estate donations,” notes the federation of notaries. The increase in lifespan, which can have the effect of postponing the time when such an operation is carried out, undoubtedly explains this increase in the average age of donors.
And at what age do we benefit, on average, from a donation (generally parental)? “During the first three quarters of 2024, those who received a movable donation were, on average, just under 49 years old. For a real estate donation, the average age was 42.8 years old”respond the notaries. Fairly stable figures compared to this same period in 2015. “Between Regions, there is no significant difference, Fednot further points out, except in Brussels where the beneficiaries of real estate (44.35 years) and movable property (38.95 years) were younger than the national average.”
