In brief
An inheritance law lawyer guides you through legal questions and conflicts surrounding an estate, such as disinheritance, the legitimate portion, the distribution of assets, and liability for the deceased’s debts.
- An inheritance law lawyer in Utrecht handles the legal proceedings at the Midden-Nederland District Court and guides the legal settlement of the estate.
- In cases of disinheritance, a child can often claim the legitimate portion: a statutory minimum share of the estate that cannot be excluded via a will.
- When the estate contains debts, the choice between pure acceptance, beneficial acceptance, or rejection is legally decisive for your personal liability.
- Utrecht has an international community; for estates with foreign heirs or assets in multiple countries, additional questions regarding jurisdiction and applicable law arise.
Early legal guidance prevents escalation and provides clarity regarding your position in relation to the other heirs.
What does an inheritance law lawyer in Utrecht do?
An inheritance law lawyer advises you on your legal position in the estate, manages the legal proceedings at the Midden-Nederland District Court, and helps determine the best approach in case of conflicts or lack of clarity regarding the distribution.
Simmelink Lawyers is located in Maarssen and assists clients from the Utrecht region with inheritance law matters. In practice, this involves situations where heirs disagree on the distribution, where a will is contested, or where debts in the estate complicate the position of the heirs.
An initial consultation provides insight into your legal position and the possible routes. Schedule a consultation to discuss your situation.
Disinheritance and the legitimate portion in Utrecht
A parent can disinherit a child through a will. Disinheritance means the child is not designated as an heir, but it does not abolish the right to the legitimate portion. The legitimate portion is a statutory minimum share of the estate that a child can claim, even if they have been disinherited.
The claim must be actively asserted and is subject to a five-year statute of limitations after the death. When other heirs or the executor do not provide the information required for the calculation, legal action may be necessary.
Depending on the circumstances, timely legal guidance is essential to secure your rights.
Inheritance with debts: your choice as an heir
When the estate contains debts, you as an heir have three choices: pure acceptance, beneficial acceptance, or rejecting the inheritance. In most cases, the choice is final and has direct consequences for your personal liability.
With beneficial acceptance, you accept the estate but are not personally liable for debts that exceed the estate’s assets. This does entail obligations, such as preparing an inventory of the estate and informing creditors.
In practice, heirs choose beneficial acceptance when there is insufficient insight into the deceased’s financial situation. This is general information and does not constitute individual legal advice.
International estates in the Utrecht region
Utrecht has an international university, large international organizations, and a diverse population. For estates where heirs live in different countries, the deceased had a foreign nationality, or assets are located abroad, additional questions regarding jurisdiction and applicable law arise.
Within the European Union, this is regulated by the European Succession Regulation. In principle, the law of the country where the deceased had their habitual residence applies. Depending on the circumstances, exceptions are possible.
You can read more about international estates on the international inheritance law page. If legal proceedings are already underway at another firm, you can also request a second opinion.
Conflict between heirs
When heirs cannot agree on the distribution of the estate, the interpretation of a will, or the role of the executor, a conflict between heirs can arise. In many cases, a structured legal approach leads to a solution sooner than direct legal proceedings.
A lawyer determines the legal position of each heir, facilitates negotiations, and, if necessary, conducts legal proceedings at the Midden-Nederland District Court.
At the office in Maarssen or remotely
Simmelink Lawyers is located in Maarssen and works for clients from the Utrecht region at the office or entirely remotely via secure video calling. Remote guidance is also possible for clients outside the region or from abroad. There are no extra costs associated with remote guidance.
Our Attorneys at Law
The Simmelink Lawyers team specializes in family law, International family law, and inheritance law.
The lawyers combine legal expertise with international experience.
Clients are guided by one dedicated lawyer who oversees the entire process and communicates discreetly.
In complex financial matters or an international component, a specialized lawyer is important.
We strive for legally correct, practically feasible agreements that give you predictability and peace of mind.
Carla Simmelink – Family Law Attorney, International Family Law and Inheritance Law
Family Law Attorney, International Family Law and Inheritance Law
Valerie Lingg – Family Law Attorney, International Family Law
Family Law Attorney, International Family Law
Eva Zaunbrecher-Boschloo – Family Law Attorney, International Family Law
Lawyer at Law (International) Family Law
Clients are guided by a dedicated lawyer who oversees the entire file and communicates discreetly.
Written by Carla Simmelink, inheritance law lawyer at Simmelink Lawyers.
Frequently Asked Questions
This is general information and does not constitute individual legal advice.
In most cases, an inheritance law lawyer works on an hourly basis. The total costs depend on the complexity of the case, the number of heirs, and whether legal proceedings are necessary. The expected work and costs are discussed during a consultation. You can read more about rates on the rates and costs page.
For estates in the Utrecht region, the Midden-Nederland District Court has jurisdiction. For estates with international elements, jurisdiction depends on the deceased’s place of residence and applicable treaties. This is general information and does not constitute individual legal advice.
Yes. Simmelink Lawyers assists clients via secure video calling. A physical appointment in Maarssen is not required. You can read more about how remote guidance works on the remote divorce guidance page.
The claim for the legitimate portion expires five years after the death or five years after becoming aware of the disinheritance. Timely action is essential. This is general information and does not constitute individual legal advice.
No. A notary drafts legal documents, such as a will or a certificate of inheritance. An inheritance law lawyer represents you in conflicts, legal proceedings, and the assertion of rights. In many estates, the lawyer and notary work alongside each other.
Service area and accessibility
Simmelink Advocaten begeleidt cliënten uit Utrecht en de regio op kantoor in Maarssen of volledig op afstand via beveiligd videobellen. Voor cliënten buiten de regio of vanuit het buitenland is begeleiding op afstand een volwaardige optie.
Trust and quality
Simmelink Lawyers is affiliated with the Dutch Bar Association.
Read more about our reviews or see how we work via our working method.
Are you uncertain about your position?
Many clients seek clarity before taking further steps. In a consultation, we map out your situation legally and discuss possible routes.
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