Acceptance or rejection of inheritance

An heir who inherits must think carefully about whether to accept or refuse.

This decision can only be made upon the settlement of an estate. Once an inheritance has been accepted, it is no longer possible to change one’s mind. There are two ways of accepting an inheritance: accepting it without an inventory being made or as a beneficiary inheritance.

Accepting an inheritance without an inventory being made

Accepting an inheritance without an inventory entails acceptance without any provisos. Therefore both the assets and debts are accepted. This can have far-reaching consequences. The heir can be required by creditors to pay debts if the assets of the inheritance are not big enough. In general this is not the intention. Therefore before accepting the inheritance, it is important to know whether the balance of the inheritance is positive or negative. GMW lawyers can assist you. The decision to accept the inheritance without an inventory being made can be made at the court registry, but can also be deduced from the conduct of the heir. An heir who acts unambiguously and without any provisos as the heir will be seen as having accepted the inheritance without an inventory being made. It is important to be prudent.

Beneficiary acceptance

Beneficiary acceptance is the same but with the privilege of having a description of the estate. With a beneficiary acceptance the heir does not become liable for the debts of the estate. The heir only shares in the positive balance of the inheritance.

Refusal

If an heir does not want to have anything to do with an inheritance, it is possible to refuse the inheritance. The refusal is retrospective up to the moment of the testator’s death. It is important that an heir who wishes to refuse does not carry out any acts of acceptance, only so-called acts of management. Anyone who has carried out an act of acceptance will be seen as having accepted the inheritance without an inventory being made and can then no longer refuse it.

More information

GMW lawyers will be happy to help you with your inheritance. If you have any questions, please contact us directly using the enquiry form below or +31 (0)70 3615048. Our inheritance law lawyers will be happy to support and advise you.

Lawyers

Marieke Morshuis

Family law, Inheritance law

Sieta Autar-Matawlie

Inheritance law

Sophie Vermeule

Family law, Inheritance law

All lawyers

Are you looking for an inheritance law lawyer in The Hague?

GMW lawyers will be happy to help you with all your inheritance issues. Feel free to contact us if you have any legal questions.

"*" indicates required fields

8 October 2026

What if a will is never signed – does the deceased’s wishes still count?

A will makes it possible to depart from the standard rules of inheritance law, also known as intestate succession. Anyone who wants to arrange their estate differently from what the law prescribes must go through a notary. A will is only legally valid once it has been officially signed in the presence of the notary and executed by the notary. But what if that signature never takes place? Can a draft will still be decisive?

9 July 2026

What happens to your assets when your partner passes away? And what are your rights as the surviving partner?

It’s not a pleasant subject, but it is an important one: what happens to your shared possessions when your partner dies? Are you automatically well protected, or do you need to take steps yourself to secure your position?

29 April 2026

Estate mediation: moving forward together

In practice, we often see tensions or disputes arise during the settlement of an estate. This is entirely understandable: in addition to legal aspects, family relationships and expectations also play a role.

19 March 2026

I have been disinherited. What am I entitled to?

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.

16 March 2026

16 March 2026: Inheritance Law Day

On Monday, 16 March 2026, it is Inheritance Law Day. To mark the occasion, you can schedule an appointment with one of the specialised lawyers at GMW lawyers during the coming week to receive free information and advice on inheritance law.

11 March 2026

How can you prevent an inheritance from ending up with your child’s partner?

When drawing up a will, consideration is given to how the inheritance will be distributed. This is recorded in the will. A possible wish is to ensure that your future inheritance does not end up with your child’s partner.

15 October 2025

The statutory share and rejection of an inheritance

When someone rejects an inheritance, this usually means they waive all entitlements, including their statutory share (“legitieme portie”).

28 July 2025

The statutory share and rejection of an inheritance

When someone rejects an inheritance, this usually means they waive all entitlements, including their statutory share (“legitieme portie”).

12 May 2025

How Do You Become the Legal Father of Your Child?

The biological parents of a child are those whose DNA the child carries. The legal parents are the child’s recognised family members under the law. In this blog, we briefly explain how a man becomes — or can become — the legal father of a child.