In Belgium, the descendants of the deceased and their spouse have a so-called forced heirship right. According to Articles 913 et seq. of the Belgian Civil Code, the deceased can only dispose of a portion of their assets if these relatives exist. A part of the estate is reserved for these individuals and is beyond the deceased's control. The forced heirs receive estate assets in proportion to the shares specified below.
The Right of inheritance of descendants Since the reform of the inheritance law on September 1, 2018, the share for descendants no longer depends on their number. The share for descendants has since been – regardless of their number – half of the estate.
Exists alongside the descendants a surviving spouse, If he is entitled to a compulsory share of the inheritance, he can inherit the freely disposable portion and receive a right of use to the portion belonging to his descendants, Article 1094 paragraph 1 of the Swiss Civil Code. If he himself is entitled to a compulsory share, he receives a right of use to half of the estate, Article 915 of the Swiss Civil Code.