In brief
Inheritance law determines:
- who the heirs are
- whether a will is valid
- how the statutory distribution works
- the position of a partner or child
- how an estate is settled
- the consequences of acceptance or beneficial acceptance
What is inheritance law?
Inheritance law regulates what happens to the assets and debts of someone who passes away. It determines who the heirs are, what role a will plays, and how an estate is legally settled according to Dutch law.
Dutch inheritance law is laid down in Book 4 of the Civil Code.
Important topics within inheritance law include:
- Statutory inheritance law and wills
- The statutory distribution
- Heirs and their rights and obligations
- Acceptance, beneficial acceptance, or rejection
- Distribution of the estate
- Statutory share and disinheritance
- Conflicts between heirs
- International aspects of death
When do you encounter inheritance law?
Inheritance law plays a role as soon as someone passes away and leaves behind assets or debts. In practice, we see this occurring in cases such as:
- the death of a parent or partner
- blended families with children from previous relationships
- estates involving a home or business
- lack of clarity or differences of opinion between heirs
- heirs living in different countries
Precisely because inheritance law affects personal, legal, and financial interests, there is often a need for an overview and clear explanation.
Common Inheritance Law Issues
A number of themes regularly recur within inheritance law. Below you will find an overview with brief explanations and in-depth pages.
Will
A will determines who the heir is and under what conditions. An executor can also be appointed or specific assets can be allocated.
The interpretation of a will can be complex, for example, with older wills, blended families, or changed family relationships.
→ Read more about wills within inheritance law
Distribution of the estate
The distribution of an estate regularly raises questions. Consider situations with multiple heirs, real estate, or a business.
When there is no will, the statutory distribution applies in many cases. In this situation, the surviving partner receives the assets, while children obtain a monetary claim. The precise implementation depends on the circumstances.
→ More about distributing an estate
Inheritance with debts
An estate can contain debts in addition to assets. Heirs must then make a choice: acceptance, beneficial acceptance, or rejection.
In the case of beneficial acceptance, the estate is first liquidated according to statutory rules. This can provide protection against personal liability for debts.
→ More about an inheritance with debts
Statutory share and disinheritance
Under certain circumstances, children can claim a statutory minimum portion of the estate, even if they have been disinherited in a will. This is called the statutory share. The statutory share is legally anchored in Book 4 of the Civil Code and concerns a monetary claim against the estate.
A claim for the statutory share must, in principle, be made within five years of the death. The calculation can be complex, for example, when gifts were made during the deceased’s lifetime.
→ More about statutory share and disinheritance
Conflicts between heirs
Disagreements regarding the interpretation of a will, the value of assets, or previous gifts occur regularly.
Depending on the situation, consultation, mediation, or court proceedings may be necessary. Careful legal interpretation can contribute to peace of mind and structure.
International aspects of inheritance law
More and more often, an estate has an international character. Consider heirs living abroad or assets located in multiple countries.
In many cases, Dutch law applies, but this depends on factors such as the deceased’s last habitual residence and any choice of law made in a will. European regulations can also play a role here.
Because international situations raise additional legal questions, it is important to look carefully at jurisdiction and applicable law.
→ More about international inheritance law
Overview: legal guidance in inheritance law
Inheritance law provides clear legal frameworks, but their application varies per situation.
Depending on the circumstances, legal guidance can contribute to:
- insight into your legal position
- explanation of rights and obligations
- guidance on beneficial acceptance
- support during consultations or mediation
- representation in legal proceedings
You can read more information about the role of an inheritance law lawyer on our service page.
Overview and initial legal interpretation of inheritance law
In many situations, it is helpful to have your position and options explained calmly. An advisory meeting is intended to provide an overview and answer questions.
Meet our experienced inheritance law lawyers. Our firm, specialized in family law and inheritance law, offers legal advice and assistance with calm, discretion, and strategy. We stand for overview and clear guidance.
Examples from our Practice
Conflict between heirs after the death of a parent
After the death of a parent, a disagreement arose between siblings regarding the distribution of the estate. There was a dispute over the value of the home and previous gifts made during the parent’s lifetime.
We mapped out the inheritance law principles and guided the consultation, with attention to both the legal position and family relationships.
Estate with debts and beneficial acceptance
After a death, it was unclear whether the estate contained more debts than assets. An heir sought advice on accepting or rejecting the inheritance.
Our lawyers explained the consequences of pure and beneficial acceptance and guided the coordination with the notary, so that the client gained insight into the legal risks.
Doubt regarding the validity of a will after death
Within a family, doubt arose after the death of the testator regarding the validity of a recent will. This involved the question of whether the testator had testamentary capacity at the time of signing.
Our lawyers investigated the relevant circumstances and assessed whether there were grounds to legally challenge the validity of the will.
Claiming the statutory share of an estate
A disinherited child wanted to know after the death of a parent whether a claim for the statutory share was possible. The lawyer calculated the size of the claim within the estate and monitored the statutory deadlines.
In doing so, careful consideration was given to the legal frameworks as well as the impact on family relationships.
International estate with heirs in multiple countries
In an estate with heirs in different countries, lack of clarity arose regarding the applicable law.
Our lawyers investigated the international aspects and explained when Dutch inheritance law may apply. Subsequently, the settlement was legally structured, with an eye for practical feasibility.
Frequently Asked Questions about Inheritance Law and Estate Matters
Inheritance law often raises practical and legal questions. Below, our lawyers answer the most common questions.
Statutory inheritance law applies when no will has been drawn up or when the will does not contain a complete arrangement. In many cases, this means that the statutory distribution between partner and children applies.
With pure acceptance, the estate is fully accepted, including any debts.
With beneficial acceptance, the estate is first liquidated according to statutory rules. In principle, an heir is then not personally liable for the debts of the estate.
In many cases, a child retains the right to the statutory share, even if they have been disinherited in a will. This concerns a monetary claim against the estate.
An executor is responsible for settling the estate according to the will and the law. The exact powers depend on the content of the will.
Not always. In relatively simple situations, the settlement can take place without legal assistance.
In cases of complexity, conflicts, or international aspects, legal guidance can contribute to clarity, structure, and peace of mind.
