Inheritance Law

What does an inheritance lawyer do?

An inheritance lawyer advises and represents clients in conflicts between heirs, disinheritance and the legitimate portion, the distribution of estates, inheritances with debts, and international estates. Inheritance lawyers are registered with the Netherlands Bar Association and litigate before the family chambers of the district courts and courts of appeal.

Inheritance law involves short statutory deadlines. The legitimate portion must be claimed within five years (Art. 4:85 Dutch Civil Code) and the choice between pure acceptance, acceptance under benefit of inventory, or rejection requires a timely assessment (Art. 4:190 Dutch Civil Code). A specialized lawyer maps out the legal position early on, ensuring that deadlines do not expire and that choices are made deliberately.

Who are the heirs?

Heirs are those who, by law or by will, are entitled to (a part of) the estate. Without a will, the statutory rules of intestacy apply (Art. 4:10 Dutch Civil Code): first the spouse and children, then parents, brothers and sisters, and subsequently grandparents. A testator can deviate from this with a will, within the limits of the legitimate portion.

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?

The legitimate portion is the statutory minimum share of the estate that a child can claim, even if the will excludes the child. It amounts to half of the intestate share and is a monetary claim against the heirs, not a right to specific assets from the estate (Art. 4:63 Dutch Civil Code).

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

How is an estate distributed?

An estate is distributed by inventorying all assets and debts, determining the shares per heir based on the law or the will, and subsequently recording the distribution in writing. Every heir has the right to demand distribution (Art. 3:178 Dutch Civil Code); no one can be forced to remain in an undistributed estate. 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.

Wanneer erfgenamen het niet eens worden, kan rechterlijke tussenkomst nodig zijn. In dat geval kan een erfrecht advocaat de procedure begeleiden.

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

In the event of a conflict between heirs, it is first legally established who the heirs are, what claims apply, and what duties regarding information and cooperation exist. Heirs are obliged to provide each other with information about the estate (Art. 3:166 Dutch Civil Code) and to cooperate in the distribution; in case of refusal, legal proceedings can be initiated.

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: what are your options?

Heirs have three choices regarding an estate that contains debts: pure acceptance, acceptance under benefit of inventory, or rejection (Art. 4:190 Dutch Civil Code). With pure acceptance, you are personally liable for the deceased’s debts; with acceptance under benefit of inventory, you are only liable to the extent that the estate is sufficient; with rejection, you receive nothing but are also not liable.

The choice must be made within three months after the inventory of the estate (Art. 4:188 Dutch Civil Code), unless a longer period has been requested. Unintentional pure acceptance, for example by taking items from the home or paying bills, can have serious financial consequences.

It is advisable to seek advice on this before you sign or do anything:

• Pure acceptance.
  You accept everything: assets and debts. If the debts exceed the assets, you pay the difference out of your own pocket (Article 4:191 Dutch Civil Code).
• Acceptance under benefit of inventory.
  You accept the inheritance subject to an inventory of the estate. Your liability is limited to the value of the estate. The estate is settled (Articles 4:192 and 4:202 Dutch Civil Code). In most unclear situations, this is the safest choice.
• Rejection.
  You waive the inheritance and are not liable for debts. You also receive nothing (Article 4:190 paragraph 1 Dutch Civil Code).

You record your choice at the probate chamber of the district court. If you choose incorrectly, it can have major financial consequences. Always seek advice if the situation is unclear.

When should you engage an inheritance law attorney?

In addition to grief, an estate brings practical and legal questions. Timely guidance prevents you from making choices that are difficult to reverse later. It is wise to engage an inheritance lawyer if:

• disagreement is imminent or already exists between heirs
• you have been disinherited and want to know if you have a claim to your legitimate portion — that claim expires after five years. Therefore, do not wait too long (Article 3:306 Dutch Civil Code)
• the distribution of the estate has stalled
• you are unsure whether or not you want to accept the inheritance — you have three months to decide after the death; this can be extended upon request (Article 4:188 Dutch Civil Code)
• you have accepted purely but discover afterwards that the estate is full of debts — in some situations, this can be reversed (Article 4:194a Dutch Civil Code)
• there are assets abroad or the deceased lived abroad

In a conflict between heirs, the primary goal is clarity regarding everyone’s rights. Consultation may then suffice. In other cases, legal proceedings are necessary.

International estate

An international estate arises when the deceased lived abroad, had assets in multiple countries, or when heirs have different nationalities. Within the EU, the EU Succession Regulation (EU 650/2012) determines which court has jurisdiction and which national law applies: in principle, the law of the country of the deceased’s last habitual residence, unless they chose another legal system by will.

Did the deceased live abroad, or is part of the assets located outside the Netherlands? Then it is not self-evident which law applies. Within the EU, the following applies.

The general rule: the law of the country where the deceased habitually resided applies to the entire estate. If he or she lived in the Netherlands, Dutch inheritance law applies — also for assets abroad. An exception is the choice of law: anyone who chooses the law of their country of nationality by will can deviate from the general rule. This is relevant for expats or people with multiple nationalities.

You can read more about international situations on the international inheritance law page.

Are you still orienting yourself?

Not everyone who has legal questions about an estate is ready for a full file. In many cases, it helps to first map out your situation and the possible routes.

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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