Inheritance Law

Who are the heirs?

When someone passes away, it is determined who the heirs are. This follows from the law or from a will. Without a will, the statutory order of succession applies. With a will, different choices may have been made, for example, regarding the appointment of heirs or an executor.

When settling an estate, it is often first established who the heirs are and who is authorized to act on their behalf. This is done via a certificate of inheritance, a notarial document that banks, insurers, and other institutions request before cooperating with the settlement.

Statutory share: what are your rights if you have been disinherited?

A child can be disinherited via a will. However, in many cases, there is a right to a statutory minimum share: the legitimate portion. This is a monetary claim against the estate, not a right to specific assets.

The claim to the legitimate portion is subject to deadlines. Timely legal assessment is essential.

How is an estate distributed?

The distribution of the estate requires an overview of all assets and debts and a clear agreement between heirs. The process generally proceeds as follows:

• Inventory of assets and debts.
• Determination of each person’s share based on law or the will.
• Legal recording of the distribution.

If heirs cannot reach an agreement, judicial intervention may be necessary. In that case, an inheritance law lawyer can guide the procedure.

What can you do in the event of a conflict over the inheritance?

A conflict between heirs can concern the sale of a home, the valuation of assets, the provision of information, or disinheritance. In the event of a disagreement, it is important to first legally establish what everyone’s rights and obligations are.

Depending on the circumstances, consultation, mediation, or court proceedings offer a solution. A second opinion can be valuable if a procedure is already underway or if you want to have the chosen strategy independently reviewed.

Inheritance with debts: accept or reject?

An estate may contain debts. Heirs must then choose: formal acceptance, acceptance under benefit of inventory, or rejecting the inheritance. That choice determines the liability for the deceased’s debts.

In the case of an inheritance with debts, timely legal assessment is essential to prevent unwanted liability.

International estate

When the deceased lived abroad, left assets in multiple countries, or different nationalities are involved, additional legal rules apply. The international inheritance law rules, including the European Succession Regulation (EU 650/2012), determine which law applies and which court has jurisdiction.

Simmelink Lawyers advises on estates where Dutch law is applicable or where the Dutch court has jurisdiction.

Do you have questions about an estate or a family conflict? Discuss your situation in a consultation.

Written by Carla Simmelink, inheritance law lawyer at Simmelink Lawyers.

Are you still orienting yourself?

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Simmelink Lawyers offers a consultation for this purpose. You discuss your situation, gain insight into your legal position, and understand which steps you can take without immediately committing to a procedure.

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