Inheritance law attorney

When should you engage an inheritance law attorney?

In many estates, legal questions arise alongside emotional ones. Legal guidance is advisable in the following situations:

• There is a threat of or an existing conflict between heirs regarding the distribution or execution of the will.
• You have been disinherited and wish to know if you can claim the statutory share.
• De verdeling van de nalatenschap loopt vast en partijen komen er onderling niet uit.
• You are uncertain about acceptance due to potential debts within the estate.
• The estate has an international component, such as assets in multiple countries or different nationalities.

Depending on the circumstances, consultation may suffice. In other cases, court proceedings are necessary.

What does an inheritance law lawyer do?

An inheritance law attorney brings structure to a complex situation. Depending on the circumstances, guidance includes:

• Determining your legal position based on the will and statutory rules.
• Legally clarifying and interpreting the will and statutory distribution.
• Requesting or compelling information from the other party or the civil-law notary.
• Negotiating a settlement, involving a mediator if necessary.
• Litigating in court if consultation does not lead to a solution.

For questions regarding statutory share and disinheritance, timely action is essential. The law stipulates deadlines within which claims must be invoked.

What are the costs of an inheritance law attorney?

An inheritance lawyer typically works on an hourly basis. The total costs depend on the complexity of the estate, the attitude of the parties involved, and whether legal proceedings are necessary.

Factors influencing the costs include:

• the size and composition of the estate
• the number of heirs and the degree of consensus
• the presence of an international element
• of de zaak via overleg wordt opgelost of via de rechtbank

A straightforward case in which heirs reach a settlement together requires less time than a procedure in which the court makes a decision. In the event of a conflict regarding the distribution or a contested statutory share, the lead time can increase, which affects the costs.

During an initial consultation, an indication of the expected effort can be provided based on your specific situation. You can read more about our rates and methods on the costs and rates page.

Service area and accessibility

Simmelink Lawyers is located in Maarssen and assists clients with inheritance law issues at the office or entirely remotely via secure video calling. Remote assistance is also available for clients outside the region or from abroad.

For clients from Utrecht and the surrounding area, an inheritance law lawyer in Utrecht handles the proceedings at the Central Netherlands District Court. Clients from outside the region are assisted in the same manner: at the office or via video calling.

Inheritance with debts: accept or reject?

In the case of an inheritance with debts, the choice between pure acceptance, beneficiary acceptance, or rejection is decisive for your liability. An incorrect choice can lead to personal liability for the deceased’s debts.

Gaining insight into the financial situation of the estate is a first step. An inheritance law lawyer can help assess which choice is most appropriate for your situation.

International estate

When the deceased lived abroad, left assets in multiple countries, or different nationalities are involved, additional legal questions arise. The European Succession Regulation (EU 650/2012) determines in many cases which law applies and which court has jurisdiction.

Simmelink Lawyers advises on estates with international elements where Dutch law applies or where the Dutch court has jurisdiction. More about the legal frameworks can be found on the international inheritance law page.

Scenarios

1. Consultation and amicable settlement

In many estates, consultation between heirs is possible, potentially guided by a mediator. An inheritance law lawyer can clarify the legal position of their client and contribute to a feasible settlement.

2. Mediation

In the event of stalled relationships, a mediator can help bring parties back into discussion. Depending on the circumstances, mediation offers a path to a settlement without court proceedings.

3. Legal proceedings

If consultation and mediation do not lead to a solution, the court can be asked to make a decision regarding the distribution or execution of the will. A lawyer drafts the petition and manages the proceedings.

4. Second opinion during ongoing proceedings

Are you already in proceedings with another firm and wish to have your position reviewed? A second opinion provides independent insight into the strategy and the status of the case.

Practical examples

Conflict over the parental home

Following the death of a parent, a dispute arose between three heirs regarding the sale of the parental home. Two children wanted to sell the property; the third child lived there and resisted. The legal position of the resident heir was unclear: did he have a right to remain in the home, and if so, on what basis?

By analyzing the will and the statutory distribution, it was determined that there was no legal basis for continued use without the consent of the other heirs. On that basis, a settlement was proposed in which the resident heir was given a reasonable period to find alternative housing in exchange for cooperation with the sale. The parties reached an agreement without court proceedings.

Uncertainty about acceptance in the event of potential debts

An heir made contact shortly after the death of a family member. There were indications that the estate contained debts, but a complete picture was lacking. The deadline for making a choice was approaching.

First, an inventory was made of the known debts and assets. Subsequently, the civil-law notary was contacted with a request for access to the inventory of the estate. Based on the available information, the advice was to accept under the benefit of inventory (beneficiary acceptance) — a choice that protects the heir against private liability for debts that exceed the value of the estate. The timely action prevented the heir from being deemed to have accepted unconditionally due to inaction.

International estate with multiple legal systems

In an estate with assets in the Netherlands and two other EU countries, the question of which law applied and which court had jurisdiction was not immediately clear. The deceased had Dutch nationality but had lived abroad in recent years.

Under the European Succession Regulation (EU 650/2012), the law of the country where the deceased had their habitual residence is, in principle, applicable. This had direct consequences for the distribution of the estate and the position of the surviving partner. By establishing the question of jurisdiction and the applicable law in a timely manner, it was possible to prevent heirs from starting proceedings in multiple countries simultaneously. The settlement was concentrated with the competent court, which saved time and costs.

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.

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