No heirs
When a person in Luxembourg dies without legal heirs – that is, in the absence of children, parents, siblings, a spouse, grandparents, or more distant relatives – and has not left a will, the estate is settled in accordance with the rules of intestate succession. These rules ultimately provide that the Luxembourg State (“l’État luxembourgeois”) inherits the estate as a last resort.
However, there are several ways to structure one’s estate in advance if no heirs exist or if one does not wish to benefit certain relatives:
1. Make a will
- You then enjoy full testamentary freedom: you may bequeath your assets to whomever you wish – a friend, an acquaintance, or even a charitable organization.
- A will can be handwritten (olographic), notarized, or international.
- Without a will, everything automatically passes to the State.
2. Make lifetime gifts
- You can transfer part of your assets while you are still alive.
- Gift taxes apply, with rates depending on the relationship (or absence thereof) between donor and beneficiary.
3. Leave assets to a foundation or association
- You may designate a foundation, non-profit association, or charitable institution as beneficiary of your estate.
- This is a common solution for people without direct heirs.
4. Appoint friends or non-relatives
- In the absence of reserved heirs (children or, in some cases, a spouse), you are entirely free to appoint anyone you wish as heir, even without family ties.
THE PERFECT SOLUTION WITHOUT HEIRS:
Vente en Viager – a secure solution without heirs
Do you own a property but have no direct heirs?
In this situation, a sale in viager can be the ideal solution.
Instead of allowing your assets to automatically fall to the State, you can transform your property into a lifetime annuity. This way, you benefit from regular payments and – if you wish – an immediate lump sum (“bouquet”). At the same time, you usually retain the right to live in your home and continue to enjoy the security you are used to.
Your advantages:
- Financial independence in retirement through a guaranteed additional income.
- Right to live in your home for life.
- Self-determination: you decide how your assets are used, instead of leaving them to the State.
- Security: all agreements are legally secured through a notarial deed.
We are here to help you and can offer this solution professionally – tailored to your personal situation.