Arranging Your Estate

Arranging your estate is one of the most important things you can do for your loved ones. With good preparation, you prevent conflicts, financial problems and legal proceedings.

Dutch inheritance law

Inheritance law in the Netherlands is laid down in Book 4 of the Civil Code. Without a will, the statutory distribution applies: the surviving partner inherits all assets, the children receive a claim against the survivor.

Children are entitled to a legitimate portion: half of what they would inherit according to the law. You cannot exclude this right, even with a will.

Distribution of the estate

After death, the estate must be settled. This includes: inventory of assets and debts, valuation, distribution among heirs and handling of taxes.

If an executor has been appointed (via will), this person handles the settlement. Without an executor, all heirs must make decisions jointly.

The role of the notary

A notary is needed in the settlement if there is real estate in the estate, if heirs disagree, or if a certificate of inheritance is needed (for closing bank accounts).

Inheritance tax

In the Netherlands, you pay inheritance tax on the portion you inherit above the exemption. The exemption for partners is approximately €795,000, for children approximately €25,000. The rate is 10-20% for partners and children, 30-40% for others.

Accepting or rejecting

Heirs can accept the estate (purely or beneficially) or reject it. With beneficial acceptance, you are not liable for debts that exceed the assets. Rejection means you give up all rights.

Be careful: if you behave as an heir (for example taking items), this can be seen as pure acceptance.