The Cross-Border Succession with a Moroccan Immovable
Karim, a Belgian national habitually resident in Brussels for 25 years, dies in 2024. He owns a Brussels apartment (350,000 EUR), Belgian bank accounts (120,000 EUR), and a house in Marrakesh (200,000 EUR) registered under Moroccan law. He leaves a Belgian will made in 2015 before a notary, leaving everything to his second wife Sofie and nothing to his two children from his first marriage. Karim's first wife predeceased him. The children invoke forced heirship and Moroccan law. Sofie argues that Belgian law governs the whole estate and that the will is valid. The notary must open the succession and advise the parties.
1. Which law governs the succession to the Brussels apartment and the Marrakesh house, and what does the notary need to check?
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Under the EU Succession Regulation, the applicable law is that of the deceased's habitual residence at death, i.e. Belgian law, unless a choice of law was made. The notary must check whether the 2015 will contains an express choice of law; if not, Belgian law governs the whole succession. However, the Regulation does not prevent the application of the lex rei sitae for the physical transfer and registration of the Moroccan immovable: Moroccan law governs the formalities and the registration in Marrakesh, and Moroccan forced heirship rules may apply to that asset under Moroccan internal law and any bilateral convention. The notary must verify whether a Belgium-Morocco convention applies, obtain a Moroccan notarial/lawyer opinion, and check the will's form and date. The notary cannot simply apply one law to the whole estate.
2. How should the notary handle the forced heirship claim and the will's validity?
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Under Belgian law the children are reserved heirs and the will cannot defeat their reserved share. The notary must calculate the reserved portion: with two children, the disposable portion is half the estate, so the children are entitled to half, subject to the rules on the marital share and any gifts. The notary must reconstruct the estate, include the Marrakesh house at its value, deduct debts, and check for prior gifts. The 2015 will is valid in form if it meets notarial requirements, but it is reducible. Sofie's claim that Belgian law governs everything is only partly right: Belgian law governs the succession generally, but the Moroccan immovable is subject to Moroccan rules for transfer and possibly forced heirship. The notary should propose a partition, warn of the risk of conflicting decisions, and document the reserved-share calculation.