Inheritance Law
A death in the family always has implications that go beyond the emotional pain and loss. Consult the inheritance lawyers of GMW Advocaten when looking for an executor and questions concerning inheritance claims and wills.
In cases where a testament is missing, the heirs are appointed by inheritance law. Persons not related to the deceased by blood, such as brothers or sisters in law, stepchildren and in-laws can never be heirs, under the rule of inheritance law. Spouses and registered partners can inherit form the deceased person even without being mentioned as beneficiaries in the will. Partners living together without a registered partnership do not qualify as registered partners under current inheritance law, even if they have signed a cohabitation contract in the presence of a cil law notary.
Testamentary succession
A valid will allows for certain divergences from inheritance law; eg. children and spouses can be cut out of one’s will.
Disinheritance
Children cut out from a will still receive their statutory share, an amount equalling half of the amount the child would have inherited, had there been a will. Statutory shares must be claimed within five years. Disinherited spouses have no claims to a statutory share but have the right to an ‘appropriate level of care‘. This could be obtained by claiming lifelong usufructuary rights on the spousal home and contents thereof. Depending on the financial circumstances of the disinherited spouse, further claims on usufructuary rights on other property can be made, putting them towards the upkeep of the spouse following the permission to do so granted by a sub-district judge. The exercising of usufructuary rights is tied to a strict timeline; these rights cannot be denied in a will. In cases such as these one it is best advised to get in touch with an expert in inheritance law sooner rather than later.
Settlement of an estate
The settlement of an estate can be a highly sensitive issue, often leaving heirs wondering whether all has been done correctly. Sadly, it is quite common that heirs cannot agree upon the division of the estate. Please consult GMW Advocaten in more complex inheritance issues, such as:
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A child of the testator working in the family company, wanting to take over the family business
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Gifts and donations previously made by the testator
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Problems between a child from a previous marriage and the surviving step parent
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Disputes around the value of the assets to be divided
Information
For more information on issues related to the subject please contact Marieke Morshuis.
Click on Mediation for more information on that subject.
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