Projet de loi modifiant l'article 124 de la loi du 25 juin 1992 sur le contrat d'assurance terrestre en ce qui concerne la réduction du capital d'une assurance vie en cas de succession.
General information ¶
- Submitted by
-
The Senate
- Submission date
- Nov. 24, 2010
- Official page
- Visit
- Status
- Adopted
- Requirement
- Simple
- Subjects
- inheritance law of succession life assurance
Voting ¶
- Voted to adopt
- Groen CD&V Vooruit Ecolo LE PS | SP ∉ Open Vld N-VA MR VB
Contact form ¶
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Discussion ¶
Nov. 28, 2012 | Plenary session (Chamber of representatives)
Full source
President André Flahaut ⚙
Kristien Van Vaerenbergh, rapporteur, refers to her written report.
Sonja Becq CD&V ⚙
Mr. Speaker, I would like to give you a word because this proposal is not insignificant. The original bill was submitted by CD&V to the Senate and was followed by a judgment of the Constitutional Court in 2008 on life insurance and on the fate of the funds from it given to a third party, against the funds from an inheritance. In the past, this technique was often used to make donations outside the inheritance. Now, as the Constitutional Court proposes, an arrangement is being adopted which allows a donation outside of inheritance, as provided for in common law, but at the same time requires the capital of the insurance to be inserted into the inheritance, so that the share of the reserve heirs is respected.
I would like to emphasize this because this technique was often used in the past. Many people, by the way, are convinced that it can still be unlimited, but this legislation provides for a correction. I think it is important that this is signaled.
Minister Annemie Turtelboom ⚙
Mr. Speaker, together with a number of senators, we are indeed working on the reform of some parts of the inheritance law. On the basis of this draft is a judgment of the Constitutional Court in 2008. We want to end the existing discrimination. Through a number of major reforms in the inheritance law, we want to ensure that the reserve heirs of the insured are no longer unconstitutionally harmed through life insurance, which cannot be done through other gifts.
This bill was unanimously approved in the committee and represents a very important adjustment of our inheritance law.