A Belgium resident with Indian assets should make a separate Indian will for those assets, drafted so it does not revoke the Belgian will. Belgium applies the EU Succession Regulation, which may point to Belgian law or to your national law if you choose it. India applies its own law to immovable property in India. The Indian will is signed before two witnesses, can be notarised and apostilled in Belgium, and may need probate in India depending on the place and asset.
- Document route
- Notary, then apostille from FPS Foreign Affairs
- Time difference
- India is 3h30 (summer) to 4h30 (winter) ahead
- Law
- Indian Succession Act 1925
- Witnesses
- Two attesting witnesses
Wills & Probate from Belgium: how it works
We list Indian assets, check titles and nominations, and confirm your personal law (Hindu, Jain, Muslim, Christian or Parsi), which affects what you can leave by will. The Indian will names an executor in India, ideally someone who can deal with courts and registrars. It is signed in Belgium before two witnesses who are not beneficiaries, with signature certified by a notary if you want stronger proof. We coordinate with your Belgian notary so the Belgian will refers to the Indian will and a choice of law, if made, is consistent.
After death, the executor applies for probate where the Indian Succession Act requires it, for example for wills relating to property in Mumbai, Chennai or Kolkata, or where banks and registrars insist. Belgian heirs will need apostilled death certificates and a Belgian certificate of inheritance with English translation. Contested probate can take years, so clear drafting and evidence of capacity matter. Belgian regional inheritance tax may apply to the Indian assets too.
What clients in Belgium should know
- India has no inheritance tax, but Flanders, Brussels and Wallonia levy inheritance tax on Belgian residents' worldwide estates, so Indian assets may be taxed in Belgium.
- Antwerp family business interests in Indian partnership firms pass under the partnership deed as well as the will, so both should be aligned.
- A European Certificate of Succession issued in Belgium is not automatically recognised by Indian registrars or banks.
Step by step from Belgium
Video consultation
A call at a time that suits Belgium, after we have read your documents.
Documents signed in Belgium
Notary, then apostille from FPS Foreign Affairs
Work in India
Our team files, appears and follows up in India, and shares scans of everything filed.
Result and handover
Certified copies and originals are couriered to you in Belgium where needed.
The full guide
This page covers what changes when you are in Belgium. For the law, the documents and the step-by-step procedure, read our main page on Wills & Probate, or see all services for clients in Belgium and the Inheritance & Documents practice area.
Questions from clients in Belgium
Can I use one will for Belgium and India?
It is possible but risky. Two coordinated wills are usually more practical.
Does my Indian will need to be registered?
No, but registration can help prove it.
Can my children in Belgium inherit agricultural land in India?
Yes, inheritance is allowed, though foreign citizens face limits on later transfers.