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| DROI2020-2 | Property and succession planning
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| Duration : | 27h Th |
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| Number of credits : |
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| Lecturer : | Virginie Dehalleux, Manuel Gustin |
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Language(s) of instruction :
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| French language |
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Organisation and examination :
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| Teaching in the second semester |
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Course contents :
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| The course considers from both the theoretical and the practical angles estate programming in Belgium, in terms of both civil and fiscal law.
The first part of the course focuses on reviewing the general civil law aspects of the law of the person and matrimonial regimes and of the law of inheritance and donations.
A review of the elementary fiscal rules (abuse of rights, introductory provisions of the Code of the law of succession, etc.) is the subject of the second part of the course. For these two parts, the prerequisite defined below are indispensable (see Prerequisites/co-requisites section).
Finally, the third part, the most substantial of the course, is devoted to describing the main instruments in estate planning (marriage contract, donation, will), and the accessories to this (corporate vehicles, foundations, common law companies, etc.). |
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Learning outcomes of the course :
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| The objective of the course is to give concrete answers to the following questions :
1) How to take stock of the assessment of the estate (tangible and intangible assets) of the person making a will and calculate the inheritance tax owing as it stands?
2) Who are the beneficiaries of the person making the will and what is their share of the estate?
3) How to transfer the inheritance made up of real estate, financial assets, even a business at the lowest tax cost??
4) How to reconcile the will of the person making the will to transfer his estate while preserving enough control over the transferred estate? How to guarantee him sufficient income flow?
By the end of the course, the student should be able to compile an assessment of the assets and offer legal and tax advice to individuals who wish to optimise transfer of their tangible and intangible assets to their heirs. |
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Prerequisites and co-requisites/ Recommended optional programme components :
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| This course considers many notions taken from civil law and more particularly the law of persons and matrimonial regimes, law of successions and of donations as well as property law. These notions are essential to follow this course and passing the examination.
Moreover, having followed a course in filing fees and death duties is an indispensable prerequisite. There is only a review of this material planned in the context of this course (see Course contents section).
A list of recommended readings is handed out to the students which will require a level higher than the review of civil law and tax law notions to which the two first parts of the course are devoted. |
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Planned learning activities and teaching methods :
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| To give a resolutely practical emphasis to this teaching, in addition to an ex cathedra presentation supported by a Powerpoint and many illustrations, two sessions are devoted to a training period in the examination procedure and offer solutions to various estate planning cases situating different family and asset patterns (newly formed family unit, business leader, annuitant, etc.). During these two sessions, the students will work in small groups to solve practical cases.
Moreover, active participation by the students is very desirable and strongly encouraged by the teachers' questions during each course session. |
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Mode of delivery (face-to-face ; distance-learning) :
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| The course is scheduled for Saturdays from 9am to 1pm during the 2nd term. It combines theoretical presentations and practical work in groups.
Students must have a Civil Code and a Tax Code as well as a calculator. |
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Recommended or required readings :
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| Required reading :
- Slides with the summary notes from the course
- Scholarly articles, case law and administrative decisions to which reference is made in class
Recommended reading :
A list of recommended reading will be handed out to the students that requires a level higher than a review of notions of civil and tax law to which the first two parts of the course are devoted. |
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Assessment methods and criteria :
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| A written examination is scheduled for the first session. It will comprise multi-choice questions and a practical synopsis.
An oral examination is scheduled in the second session. |
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Work placement(s) :
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| There is no work placement for this course. |
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Organizational remarks :
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| The students must have, in class and at the examination, a Civil Code, a tax code (code of filing fees and code of death duties).
For the last two classes and for the examination, the students should also have a calculator. |
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Contacts :
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| Students may contact the two teachers by email to the following addresses :
- virginie.dehalleux@be.pwc.com
- m.gustin@mosal.be |
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| Items online : |
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| Course notes |
| A Powerpoint of the materials taught in class is published on-line at the latest the day before. Its content is not exhaustive and must be accompanied by the remarks and illustrations given during the class sessions. |
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