After your father's or mother's death, your inheritance share may become a monetary claim against the surviving spouse or registered partner. That does not mean you can demand immediate payment. In the statutory division, Dutch law protects continuation of the survivor's life while children retain their entitlement. The will, death date and precise legal basis of your claim determine when payment is possible. This guide distinguishes enforceability, determination and protection of your entitlement.
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1. Check how your claim arose
The statutory division under Article 4:13 of the Dutch Civil Code may apply where the deceased leaves a spouse and one or more children as heirs, unless a testamentary disposition departs from it. The spouse then acquires the estate assets and assumes payment of estate debts. Each child acquires a monetary claim equal to their inheritance share. This does not automatically make the child co-owner of the survivor's home or bank account.
A will may contain another arrangement, such as a legacy, a usufruct structure or an older parental estate division. Especially with an old will, the term child's share should not be treated as a complete legal description. A reserved portion is also a different entitlement, with its own conditions and time limits. Collect the will, certificate of inheritance and any settlement agreements. First identify the arrangement before sending a payment demand based on the statutory division.
2. Statutory events allowing payment to be demanded
For a monetary claim under the statutory division, Article 4:13(3) lists the surviving spouse's death, bankruptcy and admission to the statutory debt restructuring scheme for natural persons. The deceased may specify additional events in their will. A poor relationship, new relationship or the survivor now having sufficient savings does not in itself constitute one of these statutory grounds for the claim becoming due.
When the survivor dies, the debt becomes an issue in administering their estate. You must notify the authorised administrator of the claim and substantiate its calculation. Possibly also being an heir of the survivor does not extinguish your position as creditor from the first estate. In bankruptcy or debt restructuring, submit the claim through the applicable administration; becoming due does not guarantee sufficient money is available.
3. Read additional testamentary conditions literally and in context
Wills sometimes mention remarriage, registered partnership or another precisely defined event as an additional ground. The wording may contain exceptions, for example where particular matrimonial agreements are made and maintained. Therefore read the full provision, cross-references and definitions. An announcement of marriage does not prove fulfilment of the testamentary condition. Obtain relevant deeds through the appropriate route and ask the notary about application.
In a 2013 Amsterdam Court of Appeal judgment, a dispute partly concerned a testamentary remarriage clause and actual implementation of matrimonial agreements. The court deferred further assessment of that issue because of procedural developments. That judgment shows the importance of the precise clause and evidence, but provides no general rule that every remarriage produces immediate payment. Admission to a care institution also does not automatically make the claim due without an appropriate ground.
4. Have the inheritance share established even without a right to payment
A claim not being due does not mean its amount must remain undiscussed. For a statutory-division claim, agreement can be reached on composition, valuation and calculation of the share. Article 4:15 provides for determination by the subdistrict court on application in a dispute. Investigate which assets belonged to the deceased and which to the survivor. A joint bank balance or the sale value of the entire home is not automatically the estate balance.
Support the calculation with an inventory, debt summary and valuation documents for each relevant date. Also consider separate assets, matrimonial agreements and earlier gifts insofar as the applicable arrangement makes them relevant. The inheritance tax return may contain information but is not always a binding civil determination between participants. Record acknowledged and disputed amounts. Do not sign a definitive balance declaration before understanding which documents are missing and which rights the declaration fixes.
5. Request information needed for the calculation
For the statutory division, Article 4:16 regulates the inventory and provision of information needed for entitlements. Request specifically bank statements around the death date, mortgage information, ownership documents and relevant valuations. Explain for each request which part of your calculation it checks. This works better than an unlimited demand for all the survivor's private records. The necessary scope relates to the entitlement to be established.
In its 2013 judgment, the Amsterdam Court of Appeal expressly referred to the information right under Article 4:16(4) and required a list of information still reasonably needed. Use that distinction in your file too: what has arrived, what is missing and why is it needed? If cooperation remains absent, have the appropriate claim or application procedure assessed. A notary can explain and inventory, but cannot independently impose a judicially enforceable disclosure duty on an unwilling participant.
6. Calculate interest and interim payments separately
Article 4:13(4) contains a special statutory interest increase linked to the part by which statutory interest exceeds six percent. Therefore do not assume full statutory interest for every year or automatic compound interest. A will or permitted agreement between spouse and child may provide another arrangement. Keep its wording and have calculations made by period, accounting for changes and earlier determinations.
The survivor may make a voluntary payment even where a child cannot enforce it at that time. Record whether it is principal repayment, interest compensation or a separate gift and what remains afterwards. Early payment may have tax consequences if its economic value and conditions differ from the existing entitlement. Have those consequences assessed before money is transferred or a release signed. Payment to one child does not automatically give others the same immediate payment right.
7. Distinguish rights to demand assets and protection against prejudice
With a new spouse or surviving stepparent, statutory rights known as wilsrechten may matter. Under the conditions in Articles 4:19 through 4:22, a child may demand transfer of certain assets, sometimes subject to reserved usufruct. This is a separate protective mechanism, not a general right to cash. Also check whether the will modified or excluded these rights and which persons must be notified in good time of their invocation.
Concerns about gifts or disappearing assets also require a specific assessment. The survivor may generally use their assets; a falling balance alone does not prove unlawful prejudice. With indications of deliberate frustration of recovery, other remedies or protective measures can be investigated. These have their own evidence, interest and procedural requirements. Ask a lawyer to assess specific transactions, current risks and proportionality. A claim not yet due cannot be made due through a general formal demand.
8. Choose the correct next step and safeguard deadlines
Fictional example: a father leaves his spouse and two children. Under the statutory division, the children receive claims. The survivor later sells the home to downsize. That sale alone does not make the claims due. The children can, however, have their original amounts and any interest carefully recorded. If the will specifies a separate payment ground upon a later event, investigate whether that event meets every condition.
For advice, bring both death dates, the will, estate inventory, interest provisions, payments and correspondence. Ask separately about determination, information, enforceability and recovery. The start and duration of limitation depend on the legal basis and when the claim becomes due; reserved-portion deadlines may differ. Have it assessed promptly whether interruption of limitation is necessary and appropriate. Then choose discussion, a targeted information request or proceedings solving the actual dispute, with a realistic budget for costs and recoverability.
Frequently asked questions
Can I claim my child's share if my mother remarries?
Under the statutory division, remarriage does not automatically make the monetary claim due. A will may contain an additional ground. Wilsrechten may also matter under conditions, but do not give a general right to cash.
Must I wait until the survivor dies to establish my inheritance share?
No. A claim not being due does not prevent determination. Collect an inventory and valuation documents. In a statutory-division dispute, Article 4:15 may provide a route to the subdistrict court.
Do I always receive statutory interest on my full child's share?
No. Article 4:13(4) has a special interest increase. Also check the will, agreements and treatment of earlier payments. Have the applicable calculation made for each period.
Sources
These sources relate to this page. For a specific case, check current rules and your own documents.
- Burgerlijk Wetboek Boek 4 — artikelen 13, 15, 16 en 19 tot en met 25 Accessed: 2026-10-23
- Belastingdienst — wettelijke verdeling Accessed: 2026-10-23
- Rijksoverheid — wettelijke verdeling bij erfrecht Accessed: 2026-10-23
- Gerechtshof Amsterdam — ECLI:NL:GHAMS:2013:1968 Accessed: 2026-10-23
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Editorial team Inheritance law in the Netherlands
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