Claiming a reserved share: deadlines, information and help from a lawyer

1. Check whether you are entitled to a reserved share

The reserved share protects a group of the deceased's descendants defined by law. It often concerns a child disinherited by a will. A grandchild's position requires separate assessment; being a relative does not mean that everyone independently has the same entitlement. A disinherited spouse has no reserved share, but may have other rights.

Bring the family information and the will. State who was alive when the deceased died and who is an heir under the will. Where there is a foreign connection, first establish which law applies. One person's residence in the Netherlands is not sufficient by itself to answer every inheritance question under Dutch law.

Official explanation: Official explanation.

2. Understand the difference from an inheritance share

According to Notaris.nl, the reserved share is a sum of money equal to half of what the child would inherit under the statutory rules. It does not entitle the child to a particular item. Claiming it does not automatically make a disinherited child a co-heir with all the corresponding management powers either.

Do not therefore merely ask for a key, painting or access to a bank account as though you already participate in distribution. State which monetary entitlement you want assessed and which information is needed. The distinction between an inheritance share, a legacy and a reserved share helps determine whom you approach and what you request.

For this follow-up question, read Disinherited by a parent: what is your position and when do you need a lawyer?.

3. Protect the claim in time and in a provable way

The position published by the Dutch Tax Administration's Knowledge Group in April 2026 refers to Article 4:85 of the Dutch Civil Code: without a declaration within a reasonable period set by an interested party, or otherwise no later than five years after death, the ability to claim lapses. Do not wait until the full calculation is finished before having a deadline letter assessed.

If necessary, have a clear declaration prepared stating that you wish to receive your reserved share, addressed to the correct persons. Keep the text and proof of receipt. An informal question about whether anything remains for you is not, without assessment, the same as a legally clear claim. Do not treat the final deadline as an ordinary reminder date that is automatically extended.

Article 4:85(2) contains a separate risk. If, nine months after death, it is still unclear to what extent the spouse is claiming usufruct under Article 4:30, the part of your claim borne by that spouse may lapse. Under that provision, you prevent this by declaring to the spouse within those nine months that you wish to receive your reserved share. This is a specific situation, not a general nine-month deadline for every person entitled to a reserved share. Have its applicability and any extension under Article 4:77 assessed immediately.

4. Do not confuse asserting entitlement with enforceability

Article 4:81 of the Dutch Civil Code gives the starting point that the claim is payable from six months after death. This does not mean that payment can immediately be enforced in every estate. Statutory rules and a will may provide relevant deferral, including in connection with a surviving partner.

Notaris.nl describes how a will may stipulate that the child receives the reserved share only after the partner's death. Have the actual wording and circumstances assessed. A later payment date is no reason to let your own deadline for asserting the claim expire. Record the two questions separately in your file.

For this follow-up question, read Enforcing a claim against the surviving spouse: when is it possible?.

5. Request information for a calculation that can be checked

The calculation starts with the reserved-share calculation base: the value of the estate's assets, increased by gifts that must be included under the law and reduced by the specified deductible debts. Article 4:65 refers for deductions to Article 4:7(1)(a) to (c) and (f). Not every estate debt is therefore deducted in the same way. Half of your statutory inheritance fraction is applied to this adjusted base; gifts or benefits you received previously may then, among other things, be set off against your entitlement.

A fictional, simplified calculation: a parent without a spouse leaves two legal children and has disinherited the daughter. There are assets of €240,000, deductible debts of €20,000 and a gift of €60,000 to the brother that must be included in this calculation. The base is then €280,000. The daughter's statutory fraction is one half; her reserved-share fraction is one quarter. Her gross reserved share in this example is €70,000, before any benefits attributable to her own entitlement are deducted. Different family relationships, gifts or debts change the calculation; this is not a personal payment promise.

If you are entitled to a reserved share without being an heir, Article 4:78 gives you rights against the heirs and executors responsible for management to inspect and obtain copies and information needed for the calculation. Specifically request an overview of assets, relevant valuations, evidence of debts and gift information. Identify what is missing and why it is needed; this is not unlimited access to every private archive.

For this follow-up question, read No information about the estate: what can an heir request and when can a lawyer help?.

6. Respond to a disputed calculation with a specific question

If your calculation differs from the heirs' calculation, break down the difference. Does it concern who is involved, the value of an asset, a debt or the treatment of a gift? A list of disputed points and documents helps you request information effectively and prevents each reply from returning to the entire family conflict.

A notary can help explain matters and arrange an administration that can be checked; where there is a dispute, a lawyer can represent your own position and assess which information or payment may be claimed. Ask whom an already involved professional represents. A letter from the notary engaged by the heirs is not automatically independent advice to you.

7. Fictional example: payment later, claim now

Suppose a disinherited child hears that a surviving partner does not have to pay for the time being. The child therefore decides to do nothing until that partner dies. Meanwhile, time passes since the parent's death. The distinction between deferred payment and the deadline for asserting entitlement may then become decisive.

A focused preparation is to have the will, date of death and letters received assessed and to make any necessary declaration in time. The calculation and possible payment date are then worked out separately. This fictional example illustrates a risk, but does not establish that every surviving partner can use the same deferral arrangement.

8. Checklist for your first advice meeting

Put the date of death and every deadline set at the top of your file. State whether you have already written that you wish to receive the reserved share, and to whom. First ask about your position and monitoring deadlines, then agree how information, the calculation and possible recovery will be investigated.

• The will, family information and details of the heirs involved.
• The date of death and every letter setting a response deadline.
• Your declaration or earlier correspondence with proof of dispatch and receipt.
• Any asset overview, valuations, debts and relevant gift information received.
• A list of missing information and separate disputed points about the calculation.

Check a calculation by tracing the difference backwards

Use the earlier fictional example with a calculation base of €280,000 and a reserved-share fraction of one quarter. If a statement gives only €55,000, the difference from €70,000 does not automatically prove unfair treatment. First ask which base was used. One quarter of €220,000 is €55,000: the stated €60,000 gift might, for example, have been omitted. That is a question to investigate, not a conclusion that the gift legally counts.

Compare valuation date, assets, added gifts, deducted debts and any acquisitions credited against your own claim line by line. Identify the line causing the difference. A disagreement about the home’s value needs different evidence from a disagreement about the nature of a gift. Keep payment timing separate: a correct calculation does not make the claim immediately payable in every situation.