Disinherited child and the right to the legitimate portion

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Auteur: Carla Simmelink

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Mike and Miranda are married and over the years have built a family with three adult children: Bas, Pim and Johan. Due to circumstances, the relationship between Bas and his parents has deteriorated. The parents decided to disinherit one of the children.

Disinherited child and the right to the legitimate portion

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The Situation: Mike and Miranda are married and over the years have built a family with three adult children: Bas, Pim and Johan. Due to circumstances, the relationship between Bas and his parents has deteriorated. Mike and Miranda have therefore decided to draft a will in which they have included several testamentary provisions. One of these decisions concerns the disinheritance of Bas.

Disinherited children: rights and the legitimate portion within inheritance law

The issue: Disinheritance is a complex part of inheritance law. Although Bas is officially disinherited, an issue arises regarding his inheritance claims. Does a disinherited child like Bas still have rights? This brings us to the concept of the legitimate portion. The legitimate portion is a legal distribution that protects children from complete disinheritance.

Legal advice on disinheritance

Our role: As experts in inheritance law, we informed Mike and Miranda about wills and the consequences of their testamentary decisions. We explained that although a child can be disinherited, the child’s share in the form of the legitimate portion still comes into play. Several factors come into play when calculating this inheritance, including the number of heirs and their legal succession.

The legitimate portion in practice

The result: After Mike died, it became clear that, despite his disinheritance, Bas was entitled to a legitimate portion, which amounted to half of his “normal” inheritance. In his situation, that was 1/8th of the estate. Had Bas lost his life earlier than Mike, leaving behind two children, the rights of heirs would shift, entitling each of his children to a 1/16th legitimate portion. With our help, all parties involved were able to reach a fair and legal inheritance tax settlement.

What can you do? Contact us for your share of the legitimate portion in case of disinheritance

Want to know more about the legitimate portion in children? We can assist you with various issues concerning inheritances; read more about our inheritance law section.

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Disclaimer: The information on this page is general and not intended as specific legal advice. We strive for correctness, but offer no guarantees. For tailored advice, you should contact a lawyer. Reading this page does not create a lawyer-client relationship with Simmelink Advocaten.

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Auteur: Carla Simmelink

Carla Simmelink is advocaat en eigenaar van Advocatenkantoor Simmelink. Haar specialisaties zijn: familierecht, naamrecht en erfrecht in Nederlandse en internationale kwesties. Carla is een betrokken, geïnteresseerde gesprekspartner en gaat voor het beste resultaat. Pragmatisch en doelmatig behartigt zij uw belangen.

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