Posted: 01 Jun. 2023 2 min. read

The impact of book 5 of the Belgian Civil Code on donations subject to a resolutory condition (Part II)

Private Client news | Legal Newsflash

The new contract law abolishes the retroactive effect of the resolutory condition, stipulating that its fulfilment will henceforth only have effect for the future. In our previous newsflash, we discussed the general consequences of this change on donations subject to a resolutory condition.

In this newsflash we deal with two additional questions. Does the donated property form part of the donor’s estate if the resolutory condition is stipulated as an optional clause when the donor decides to invoke it? What is the impact of an (optional) resolutory condition on the valuation of gifts?

Read the full newsflash in Dutch

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Caroline Costermans

Caroline Costermans


Caroline is a member of the Greenille Private Clients team. Caroline focuses on private wealth structuring, in particular when international aspects come into play. Over the past decade, she gained a broad perspective in the tax area working for family businesses and high-net-worth individuals. Adhering to a holistic approach, she ensures the client receives the advice and assistance he or she seeks.