BELGIUM Law and Practice Contributed by: Alain Van Geel and Emilie Van Goidsenhoven, Tiberghien
7.2 Expeditious Citizenship There are no expeditious means for an individual to obtain Belgian citizenship. To acquire citizenship, an individual must have estab - lished their principal residence in Belgium on the basis of a legal stay: • at the time of submitting the declaration, they must have been admitted or authorised to reside in the Kingdom indefinitely; or • they must have been legally resident in Belgium for at least five or ten years, depending on applicable criteria, without interruption. In addition to these conditions of legal stay and resi - dence, conditions of social integration, economic participation, language knowledge and/or participa - tion in the life of the host community must be met, as appropriate. Many foreigners, as French citizens, gained Belgium citizenship in order to take residency, for example, in Monaco. 8. Planning for Minors, Adults with Disabilities and Elders 8.1 Special Planning Mechanisms For minors or vulnerable adults, it is possible to cre - ate private foundations that can manage assets for the benefit of the protected person. These structures allow for the organisation of the transfer, management and protection of assets outside the strictly judicial framework, thus offering greater flexibility in the man - In Belgium, the appointment of a guardian or conser - vator necessarily requires a judicial procedure. This protective measure is decided by the Juge de paix of the domicile of the person concerned, following a peti - tion that can be submitted by the person themselves, their family, a close relative or the public prosecutor. The judge assesses the situation and may appoint an administrator responsible for managing either the agement and continuity of resources. 8.2 Appointment of a Guardian
property, the person or both, depending on the spe - cific needs of the protected adult. This measure is subject to strict judicial oversight: the administrator must provide an annual report on their management and obtain prior authorisations for certain significant acts, such as the sale of real estate. The Juge de paix exercises continuous supervision, with the possibility to modify, suspend or revoke the measure if the per - son’s situation changes. Furthermore, the Belgian system always favours the least restrictive solution, initially promoting extrajudi - cial mandates before resorting to a judicial measure. The objective is to protect the person while respect - ing their autonomy and dignity as much as possible. Regarding minors, the Juge de paix also appoints the guardian, even if the parents may propose a person in advance by will or declaration; however, the Juge de paix must verify that this choice is in the best interest of the child and may override it if necessary. 8.3 Planning for Incapacity Under Belgian law, the extrajudicial protection man - date allows any capable person to designate one or more trusted individuals (mandataries) in advance, without judicial intervention, to manage their assets and/or represent them if they become unable to do so themselves. The mandate must be drafted while the person is still capable, and can take effect imme - diately or at a later time. The Juge de paix intervenes only in case of dispute or poor execution of the man - date, or if an alert is raised by a relative or third party. This system aims to preserve the person’s autonomy and avoid judicial protection measures, which remain subsidiary and limited to what is strictly necessary. Some planning techniques may still be undertaken through this mandate – notably, the ability to make lifetime gifts – but only if this possibility is expressly stated in the text of the mandate. 8.4 Elder Law With increasing life expectancy in Belgium, families are increasingly faced with the need to financially prepare not only for their own old age but also for that of their parents and grandparents. To meet these challenges, several legal and fiscal mechanisms encourage estate planning adapted to this reality, notably taking into account the phenomenon of the “generation skip”.
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