A legacy creates an entitlement under a will, for example to money, jewellery or a particular share of the balance. It does not automatically make you an heir. If payment or delivery is withheld, the exact wording of the will and the estate's position are decisive. Make targeted information requests and, if refused, have it assessed whom to pursue. An inheritance lawyer can help calculate your entitlement, obtain documents and, where necessary, claim performance.
Sources (4)
On this page
1. First read what has actually been left to you
Check the full provision and any conditions. A fixed sum differs from a percentage of net assets or delivery of a specific item. A charge, time provision or costs arrangement may also matter. Do not rely exclusively on a relative's spoken summary.
A legatee is not an heir solely because of the legacy and does not automatically have all an heir's powers. You may act in both capacities if the will so provides. Keep those roles separate in correspondence and calculations. A legacy is not automatically the same as a reserved share either.
2. Find out who must administer your entitlement
Ask who manages the estate and what authority they have. This may be the heirs, an executor or a liquidator. The will may specify who bears the legacy. Do not address a formal demand without investigation merely to the person who happens to communicate with you.
Where an executor is involved, ask for the testamentary authority and relevant administration information. A lack of personal contact with relatives need not prevent a written information request. Record when the legacy was notified to you and keep documents about earlier promises, advances and refusals.
3. Request information needed for your calculation
For a balance-dependent legacy, assets and debts at the relevant date matter. Ask for a substantiated calculation and documents supporting its main components. Your information needs may differ for a fixed amount. Explain for each document why it is needed to assess your right.
In a Gelderland District Court judgment of 26 June 2024, a legatee was entitled to documents needed to calculate his share of the net balance. The court also rejected parts of a broader information request whose relevance was insufficiently explained. The judgment does not support unlimited access to every family archive or all old bank statements.
4. Payment becoming due and default are different questions
For a monetary legacy, Article 4:125 of the Dutch Civil Code provides, as a starting point, that payment becomes due six months after death unless the deceased provided otherwise. First read the will's period and conditions. Do not automatically apply that money rule to delivery of a particular object or transfer of a house; other conditions and transfer formalities may apply.
Being due does not yet mean default. Article 4:125(3) states that the person bearing a monetary legacy does not enter default merely through expiry of a payment period. A lawyer therefore assesses whether notice of default or another step is needed before interest or further measures may be demanded. Specify the amount or delivery sought and have possible limitation risk investigated in time. Death alone creates no general right to interest from that date.
5. Debts, a deficit and delivery of an item
Legacies are estate obligations, but other creditors may have priority. If the estate cannot meet all entitlements, the legacy cannot simply be paid in full. Request a verifiable overview and have the applicable administration rules and priority assessed.
For a particular item, investigate whether it still exists, who owns it and what the will provides if delivery proves impossible. An heir wanting to keep it cannot dismiss your entitlement solely on that basis. Conversely, do not take the item yourself where ownership or authority is disputed.
6. Fictional example: a percentage without a calculation
Under a will, Daan receives a percentage of the net balance. The executor pays an advance and writes that everything is settled, but provides no overview. Daan asks in writing for the assets, debts and supporting documents underlying the calculation. He states that the amount received was recorded as an advance.
If no response follows, he has it assessed which information remains necessary and whom to approach. The example guarantees no extra payment: a correct calculation may show the advance was sufficient. The estate's extent and will wording must be established first.
7. From a targeted request to legal action
First send a clear letter identifying your entitlement, missing information and suitable response period. Distinguish a disputed right, disagreement about the amount and temporary liquidity problems. If payment is deferred, ask for a substantiated reason and concrete next proposal.
A lawyer can prepare a claim for information, delivery or payment and assess urgent measures. The appropriate court and procedure depend on the claim and file. Discuss costs and evidential risks before litigating. A family conflict alone does not prove that the other party is legally failing in its duties.
8. Checklist: bring these documents to your adviser
Gather the full legacy provision, other relevant will wording, notification, administrator's details, calculations received and payment evidence. Prepare a timeline of requests and responses. For a particular item, add photos, descriptions and information about its current location.
State whether you want payment, delivery or information first. Mention conditions and earlier agreements. Sign a final discharge only after understanding which rights you give up. A focused file helps assess your entitlement without unnecessarily broad and expensive evidential requests.
Frequently asked questions
Am I an heir as well as a legatee?
Not through the legacy alone. It grants a specific entitlement. The will may separately appoint you as an heir with different rights and obligations.
Can an executor refuse all information because I am not an heir?
That is too general. A balance-dependent legacy may require information to calculate your entitlement. The scope of documentary access must be specifically substantiated.
Can I refuse a legacy?
A legacy may be renounced. First have its conditions, costs and consequences assessed. Decisions about your position as an heir are separate.
Will I always receive the entire amount left to me?
Not necessarily. The will, available estate and priority of other debts may affect it. Request a substantiated calculation and have any alleged deficit checked.
Sources
These sources relate to this page. For a specific case, check current rules and your own documents.
- KNB — inheriting special belongings Accessed: 2026-10-23
- Gelderland District Court, 26 June 2024, ECLI:NL:RBGEL:2024:3881 Accessed: 2026-10-23
- KNB — administering an estate Accessed: 2026-10-23
- Dutch Civil Code: Article 4:125 Accessed: 2026-10-23
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Editorial team Inheritance law in the Netherlands
We connect explanations to sources and record targeted changes. Legal review is attributed only to the actual reviewed version, with a real reviewer, date and scope. Human legal review of these articles remains open.
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