Inheritance Law

Although for most of us, inheritance law is not part of our daily lives, we all have to deal with it at some point. The civil-law notary is often the first contact in such cases. Civil-law notaries are neutral and independent and are not at liberty to specifically promote the interests of one or more individual heirs.

This is different for lawyers: they should actually only represent their client’s interests. This is often relevant in situations where there are conflicts between heirs. But even if there is no conflict, it might be important to know the legal options in advance. A good example is a granddaughter who is a director of her grandfather’s company. Even if her grandfather did not draw up a will, the granddaughter can – pursuant to Dutch law – have the company allocated to herself when distributing the estate.

Often there is a will, but a private company becomes impossible to manage due to differences of opinion between heirs. This is also a situation which a lawyer can help solve, for example by amending the company’s articles of association.

An increasingly common situation is one where a will is not clear. The civil-law notary who prepared the will is the ideal advisor to help solve the problem. It is then best to turn to a lawyer to estimate the probability of a court ruling in one’s favour when interpreting such a case.

PRACTICAL ASPECTS

In summary, we can typically be of service to you if a notary cannot work things out or if disputes have arisen. Our services include interpreting wills, resolving disputes between heirs and safeguarding a company’s best interests. If court proceedings cannot be avoided, we can assess your chances of success.

WHAT ELSE CAN WE HELP YOU WITH?

• information about special rights of heirs, such as continued use, usufruct, right to certain property;
• settlement against debts and contribution of donations;
• retrieving assets that have disappeared from an estate;
• disputes with an executor or administrator, if necessary turning to the court to file for their dismissal or for the appointment of another executor or administrator;
• heirs’ entitlement to information;
• claiming specific legacies;
• claiming an heir’s statutory share;
• heirs’ rights being prejudiced by the deceased or by fellow heirs.