How to plan your estate?
It's a topic nobody likes to think about, but one that affects everyone: planning your estate. What happens to your assets, your debts and your personal wishes when you're no longer around? And perhaps more importantly: who's left dealing with the paperwork if you haven't put anything in writing?
Every year, thousands of families in the Netherlands are confronted with unclear or missing arrangements around an inheritance. The result: stress, family conflicts and sometimes years of legal disputes. Not because the deceased had bad intentions, but simply because nothing was arranged.
In this guide, we walk you through everything you need to know and do to get your estate in order. No complicated legal jargon, just concrete actions you can start on right away.
What exactly counts as your estate?
Your estate is everything you leave behind when you pass away. That sounds straightforward, but most people underestimate just how broad that definition is.
It's not just the obvious things like your house, savings and car. Your furniture, jewellery, investments, pension rights and insurance policies are all part of it too. And then there's a side that many people overlook: your debts are included as well. A mortgage, credit card balance, student loan or even an overdraft: your heirs inherit the full picture, not just the positive side.
On top of that, your digital assets are becoming increasingly important. Cryptocurrency, online investment accounts, domain names or a web shop can represent significant value. Without the right login credentials, that value becomes unreachable for your loved ones.
Do this now: Grab a blank document or spreadsheet and create an overview of all your assets and debts. Organise it into categories: property, banking, insurance, valuables, digital assets and debts. This overview forms the foundation for everything that follows.
How does inheritance law work in the Netherlands?
If you don't make any arrangements yourself, Dutch inheritance law determines who inherits what. The law is laid down in Book 4 of the Dutch Civil Code (Burgerlijk Wetboek) and follows a fixed order of priority, known as the wettelijke verdeling (statutory division).
This is what the hierarchy looks like:
Your spouse or registered partner and your children are first in line. They inherit in equal shares, but in practice the surviving partner receives all the assets. The children receive a claim on paper, which they can only exercise once the surviving partner also passes away.
If there's no partner or children, your parents and siblings are next in line. After that come grandparents and their descendants, and so on.
Where the law falls short:
These default rules sound tidy, but they don't always fit. A few common situations where Dutch law doesn't do what you might expect:
You live together but aren't married or in a registered partnership (geregistreerd partnerschap)? Your partner inherits nothing by default. You have stepchildren? They don't inherit from you automatically, even if you consider them your own. You want to leave something to a charity, a friend or a distant relative? Without a will, that has no legal basis.
The law is a safety net, not a tailored suit. If your situation deviates even slightly from the traditional nuclear family, it's wise to take matters into your own hands.
Do this now: Ask yourself whether the default inheritance rules fit your situation. Do you live with a partner without being married? Do you have a blended family? Are there specific people you do or don't want to inherit from you? If you answered "yes" to any of these, you need a will.
Writing a will: how to go about it
A will is an official document in which you set out what should happen to your estate after you pass away. In the Netherlands, a will must be drawn up by a notary (notaris) to be legally valid. A handwritten will has no legal standing under Dutch law.
What can you arrange in a will?
First, you can designate your heirs. You decide who gets what and in what proportion. Keep in mind that under Dutch law, children always have a legal right to a minimum share: the so-called legitieme portie (forced share). This amounts to half of what they would have inherited under the statutory rules. You cannot fully disinherit a child in the Netherlands.
You can also appoint an executor. That's the person who takes on the practical handling of your estate, from arranging the funeral to distributing assets. Choose someone you trust and who is resilient enough to handle this during an emotional period.
You can include specific bequests as well. A bequest is a particular asset assigned to a particular person. For example: your guitar goes to your nephew, your jewellery collection to your best friend.
For young parents, there's another crucial point: appointing a guardian. If both parents pass away, the will determines who takes care of the minor children. Without that appointment, a court decides.
What does a will cost?
In the Netherlands, the costs typically range between €300 and €700, depending on the complexity. That's a modest investment when you consider how much hassle, cost and conflict it can save your loved ones.
Do this now: Schedule an appointment with a notary. Prepare by writing down three things beforehand: who do you want as heirs, who should be the executor, and are there specific assets you want to assign to particular people? The better prepared you are, the more efficient and affordable the meeting. You can easily find a notary near you through the KNB Notariswijzer.
Don't forget your digital estate
This is the part that most people skip entirely, yet it's a problem that only keeps growing. Our digital lives now contain at least as much value as our physical possessions, both financially and emotionally.
What falls under your digital estate?
Think of email accounts, social media, cloud storage with photos and documents, streaming services, online shopping accounts, online banking, crypto wallets, domain names and any digital business assets. For all of these accounts you need login credentials that your loved ones almost certainly don't have.
What can go wrong?
Without access to those accounts, your family runs into all kinds of problems. Ongoing subscriptions keep costing money. Precious memories in the cloud become unreachable. Social media profiles stay active. And cryptocurrency worth thousands can be permanently lost if nobody has the private keys.
How do you sort it out?
The solution is relatively simple: create a digital logbook. That's an overview of all your online accounts, the corresponding login details and an instruction per account on what should happen to it. Delete, transfer, or keep.
Ideally, use a password manager with an emergency access feature, such as Bitwarden or 1Password. Some platforms also offer their own solutions: Google has an Inactive Account Manager, Facebook has a Legacy Contact, and Apple offers a Digital Legacy programme.
Do this now: Make a list of your ten most important online accounts today. Note what should happen to each one, and make sure at least one trusted person knows how to access your password manager or digital logbook.
The living will: decisions for while you're still here
Many people confuse a living will with a regular will, but they're two very different documents. A regular will covers what happens after you pass away. A living will sets out what should happen if you're still alive but can no longer make decisions for yourself. Think of situations like dementia, a serious accident or a coma.
What do you arrange in a living will?
In a living will (levenstestament), you appoint one or more representatives (gevolmachtigden) to act on your behalf. You can split this into different areas.
For medical matters, you record who may make decisions about your treatment. Do you want to be resuscitated or not? What's your stance on end-of-life care? Do you want to be an organ donor?
For financial matters, you determine who can manage your bank accounts, sell your house or file your tax returns if you can no longer do so yourself.
For personal matters, you can record where you'd like to live if you can no longer be independent, who should look after your pet, and other personal preferences.
Without a living will, your family will need to apply to the subdistrict court (kantonrechter) to have a guardian (bewindvoerder) or mentor appointed. That costs time, money and sometimes leads to outcomes that don't match what you would have wanted.
Do this now: Discuss with your partner or another trusted person whether you'd like to set up a living will. A notary can arrange this for you, often in combination with a regular will. The costs are typically around €300 to €500.
Talk about it: the most important thing you can do
You can arrange everything legally down to the last detail, but if your loved ones don't know what your wishes are or where to find the documents, you still risk confusion and frustration.
Having the conversation about your estate and end-of-life wishes feels uncomfortable for most people. It's about your own mortality, about money and division. But it's also the most valuable thing you can do.
How do you approach the conversation?
Start small and practical. You don't have to cover everything in one go. A few good starting points: tell your partner where you keep important documents. Let your intended executor know you're considering them for the role. Ask your children whether there are specific belongings that hold emotional value for them.
Choose a calm moment, preferably not right after a funeral or during a hospital visit. Keep it light. A good opening line: "I've sorted out a few things for later and I just want you to know where things stand."
Experience shows that most people find such a conversation a huge relief afterwards. It removes tension and gives everyone peace of mind, yourself included.
Do this now: Choose one person from your inner circle this week and share one practical detail. It can be as simple as: "My important papers are in the top drawer of the desk." One small start makes the next conversation easier.
Checklist: plan your estate in 8 steps
Below you'll find all the action points from this guide summarised, so you can tick them off one by one.
Step 1: Create an asset overview. Map out all your assets and debts. Think of bank accounts, investments, property, pensions, insurance policies and loans.
Step 2: Check your beneficiary designations. Verify with your life insurance and pension providers that the right people are listed as beneficiaries. After a divorce, this is often outdated.
Step 3: Have a will drawn up or updated. Contact a notary if you don't have a will yet, or if your situation has changed due to a new relationship, the birth of a child or a divorce.
Step 4: Set up a living will. Record who may make decisions on your behalf if you can no longer do so yourself. This can often be combined with your regular will.
Step 5: Document your digital estate. Create an overview of your online accounts and set up an emergency access option via a password manager or physical logbook.
Step 6: Record your funeral wishes. Burial or cremation? Which location, which music, which atmosphere? By putting this in writing, you take an enormous amount of pressure off your loved ones.
Step 7: Keep everything in one place. Gather your will, insurance documents, asset overview, digital logbook and funeral wishes in a single folder or safe.
Step 8: Talk about it. Make sure at least one trusted person knows where everything can be found and what your wishes are.
Start today
Planning your estate isn't a one-off task but a process, and it begins with that very first step. Whether that's creating an overview, scheduling an appointment with a notary or having a short conversation with your partner: every action counts.
Your loved ones deserve not to be left struggling with uncertainty or family disputes after you're gone. By starting now, you give them something priceless: clarity and peace of mind at the most difficult moment of their lives.
Ready to take the first step? Find a notary near you through the KNB Notariswijzer and schedule an initial consultation. Or visit Rijksoverheid.nl for more information on inheritance law and wills in the Netherlands.