Family
 > Decease > Inheritance

Netherlands

Last modified: September 26, 2011
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Sharing Rule:

If there is no will, the inheritance gets shared according to the rules of succession law.


 


Explanation:

No will

If there is no will, the inheritance gets shared according to the rules of succession law.

Who inherits: basic rules

  1. Only relatives and spouses. With relatives, the relatives from the side of the deceased are indicated. “In laws” are not included.
  2. Registered partners are considered spouses.
  3. Unborn but yet conceived children are considered a relative.
  4. Inheriting takes place in groups. See below.
  5. Heirs may not be unworthy. People who committed a serious crime against the deceased are unworthy

Groups of potential heirs

  1. Spouses, registered partners and children of the deceased (stepchildren are excluded. If a child is deceased, his/her children take the place).
  2. Parents, brothers, sisters (halfbrothers/sisters receive half of the share of a full brother/sister. If a brother/sister already deceased, his/her children take their place).
  3. Grandparents
  4. Great grandparents

As long as there are people in group #1, the people in group #2 receive nothing; as long as there are people in group #2, the people in group #3 receive nothing, etc. If there re no heirs in any of the group, the inheritance goes to the state.

Heirs in the same group get an equal share. However, children cannot get their share when the spouse is alive. They get a claim that they get when the spouse deceases. Off course, the spouse may decide to give (a part of) their share immediately.

With will

If there is a will, in principle, the inheritance is divided according to this will.

Parent can disinherit their children. However, children can claim their so-called legitimate share. Even if they are disinherited, they can claim 1/2 of the share that they would have gotten in the situation where there is no will (see above).

Source:

The Dutch laws of inheritance can be found in Book 4 of the Dutch Civil Code.

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