19 March 2026
Being confronted with disinheritance can raise both emotional and legal questions. You may wonder whether you are no longer entitled to any part of the estate. Under Dutch law, the short answer is: not necessarily. In certain cases, you may still retain a statutory right to part of the estate even if you have been disinherited. Below, we explain how this works.
Dutch law provides two ways in which a person may inherit: under the law and under a so-called last will and testament. If no will has been drawn up, the law determines who the heirs are. Typically, the heirs are the spouse or registered partner and the children, or if they are not present, the parents and siblings. Under the law, these persons are entitled to a share of the estate. An estate consists of all the assets and liabilities of the deceased.
In a will, a person can determine who their heirs will be and who they will not be. All statutory heirs can be disinherited, including (grand)parents, children, brothers, sisters, uncles and aunts. It is therefore possible that the spouse or registered partner and the children are not designated as heirs in the will, either explicitly or implicitly. In that case, they are considered disinherited.
A person who has been disinherited has no right to a share of the estate. There is, however, an exception for disinherited children. Under Dutch law, they always retain the right to a portion of the estate in the form of the statutory forced share (legitieme portie). The reason for the disinheritance does not affect the right to this statutory share.
A disinherited spouse or registered partner may in some cases have other statutory rights that cannot be excluded by a will. For example, if necessary, they may still have the right to continue using the deceased’s home and household effects for six months.
The statutory forced share (legitieme portie) is a monetary claim held by a disinherited child. This means that the child cannot claim specific assets from the estate, but is entitled to a sum of money.
In practice, this amount is approximately equal to half of the share the child would have received if they had not been disinherited. The amount of the statutory forced share is calculated on the basis of the so-called “legitimacy mass” (legitimaire massa). This is the value of the estate at the time of death, increased by certain gifts made by the deceased during their lifetime, minus debts. The child’s share is then calculated from this amount.
If the heirs and the disinherited child cannot agree on the amount of the statutory forced share, the court may be asked to decide the matter. A lawyer can advise you about your rights, the calculation of the statutory share and possible legal proceedings.
If you wish to claim the statutory forced share, you must notify the heirs within five years of the deceased’s death. If you fail to do so in time, you will lose your entitlement.
Please note that heirs are not legally obliged to inform disinherited persons of the death of the deceased. To avoid uncertainty about whether the claim has been made within the required period, it is advisable to record your claim in writing (for example, in a letter). In that letter, you can also request access to the deceased’s financial records so that you can calculate—or have calculated—the amount to which you are entitled.
If the surviving spouse or partner is the heir, you may only receive your statutory forced share upon their death. Until that time, you will have a monetary claim against the surviving spouse. Whether and when the amount can be claimed earlier depends on the contents of the will and the distribution arrangement chosen.
Do you have questions about your rights in the event of disinheritance? Please feel free to contact us for clear and personalised legal advice.
As a disinherited child, you are entitled to a sum of money: the statutory share (legitimate portion). Other disinherited relatives do not have this right, except for grandchildren of a previously deceased (disinherited) child. In some cases, they may claim the statutory share in place of their parent.
Notify the heirs of your claim in writing and request access to the deceased’s financial records.
This depends on the value of the estate. It is usually about half of what you would normally inherit as a child. The exact calculation depends on the deceased’s assets, gifts, and debts.
Yes, the heirs are not obliged to inform you. You must claim the statutory share yourself, otherwise your right will lapse.
Yes, a lawyer can assist you with calculating the amount, obtaining the necessary documents, and, if needed, legal proceedings.
