In a blended family, someone may have been raised as one's own child for years yet still not automatically inherit from the stepparent. Under Dutch inheritance law, the legal family connection and will are decisive. A child may also have a claim against a stepparent from their own deceased parent's estate. This differs from inheriting from that stepparent. This guide distinguishes the two estates and discusses documents, conditions and next steps.
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1. Start with the legal family connection
For inheritance law, Article 4:8 of the Dutch Civil Code defines a stepchild as a child of the deceased's spouse whose parent the deceased is not. Registered partnership is equated with marriage in inheritance law. The statutory definition retains stepchild status after the marriage has ended. The everyday expression bonus child may be broader, for example with unmarried cohabiting partners. That label therefore does not automatically confer the same legal position under every arrangement.
Also check whether legal parenthood exists through acknowledgement or adoption, for example. The person may then be the deceased's own child for inheritance law, making analysis solely as a stepchild incorrect. Collect relevant birth certificates and family-law details. Who lived with whom, a surname or financial contributions to upbringing alone do not prove statutory heirship. Have the specific family connection assessed, especially where foreign deeds or old family situations matter.
2. Without a will, a stepchild is not a statutory heir
Under intestate succession, legislation determines who inherits where no will provides otherwise. Stepchildren are not statutory heirs of the stepparent by virtue of their step-relationship. The deceased's spouse, registered partner and blood relatives may be called under the statutory groups. A stepchild therefore is not entitled to the same share as the deceased's legal child solely because of the family's duration or closeness.
This does not change if the stepchild arranges the funeral, pays a bill or stores belongings. Such acts may raise cost or management questions but do not replace appointment as heir. An oral promise that all children will share equally later is likewise not necessarily a valid will. First investigate whether a notarial will exists and precisely what it provides. Discuss any separate agreements, debts or ownership rights separately; not being an heir does not mean every other entitlement is absent.
3. A will can give an inheritance share or legacy
A stepparent can appoint a stepchild as heir by will. This may be for an equal share with their own children or a different share. An heir succeeds by universal title and must therefore consider debts and the choice between unconditional acceptance, acceptance under benefit of inventory and renunciation. Do not start distributing assets before that choice and authority to act are clear. The will's wording determines the people and shares designated.
A legacy works differently: in principle it gives a claim, such as for a sum of money or delivery of a specific object, without making the recipient an heir. Check who must satisfy the legacy, when it becomes due and what burdens or restrictions apply. Appointment as executor also does not itself confer an inheritance share. Therefore ask not only whether your name appears in the will, but in what capacity, with what entitlement and under which conditions.
4. Inclusion in statutory division requires attention to wording
Article 4:27 allows a testamentary disposition to include a stepchild as the deceased's own child in statutory division. That statutory section then generally also applies to the stepchild, except insofar as the deceased provides otherwise. The arrangement may also affect substitution by descendants of the stepchild. A general wish to treat everyone equally therefore does not replace a carefully developed testamentary provision and corresponding appointment as heir.
In a 2014 decision, the Zeeland-West-Brabant District Court expressly distinguished appointing stepchildren as heirs from including them as one's own children in statutory division for the purposes of wilsrechten, statutory rights to demand assets. In that specific case, the court found the required testamentary provision absent. Use this as a reason to have the full will read, not as a standard outcome for every blended family. Wording on these rights, interest and when claims become due can also affect the ultimate position.
5. A claim from your own parent's estate remains a different entitlement
If your own parent dies while married to your stepparent, statutory division may give you a monetary claim against the stepparent. The stepparent then acquires the estate assets while your share in your own parent's estate becomes a monetary claim. You do not also have to become the stepparent's heir for this. Check your own parent's will, the matrimonial property situation and the calculation made at their death.
Under statutory division, that monetary claim generally becomes due on the survivor's death, bankruptcy or admission to statutory debt restructuring; the will may specify additional events. When the stepparent dies, notify their authorised administrator of this debt. The stepparent's children may be heirs while you are a creditor from the earlier estate. A later amendment to the stepparent's will does not automatically remove your existing claim from that earlier estate.
6. A stepchild does not automatically have a reserved portion
Under statutory conditions, the reserved portion protects certain descendants of the deceased. Someone who is solely a stepchild does not thereby obtain a personal minimum entitlement to the stepparent's estate. Testamentary equal treatment for statutory division also does not automatically make a stepchild entitled to a reserved portion. The position differs for a legal child. A disinherited legal child may, under conditions, have a monetary reserved-portion claim, with separate rules on invocation and calculation.
The entitlements of the deceased's own children may affect practical implementation of benefits to stepchildren. Do not conclude that every stepchild's legacy or inheritance share is automatically reduced in full. Legislation contains specific rules, including Article 4:91, and calculation depends on the whole estate and relevant gifts. In a dispute, therefore have both the legal basis and amount of an invoked reserved portion assessed before parties agree a new division or repayment.
7. Tax treatment does not prove a right to inherit
For inheritance tax, stepchildren may be treated as children under tax rules. This concerns taxation when they actually acquire something, not whether legislation gives them an inheritance share without a will. Tax equivalences may also apply to children of unmarried cohabiting partners if statutory partner conditions are met. That tax definition of partner is not identical to the civil-law succession arrangement. Check the applicable category separately for each regime.
In a knowledge-group position, the Dutch Tax Administration explained treatment of a tax partner's child for the rate and child exemption, with conditions and a restriction on termination other than by death. Therefore use the tax year of death and the specific partner history. A favourable exemption does not make someone an heir after all. With gifts, legacies and a blended family, also assess whether multiple acquisitions are connected and which return details are needed for correct tax treatment.
8. Keep a separate file for each death
Fictional example: your mother dies and your stepfather receives the assets through statutory division. You have a monetary claim against him. Years later he dies without appointing you as heir. You then do not inherit from him solely through the step-relationship, but can submit your substantiated claim from your mother's estate. The administrator must assess that debt before any surplus is distributed to heirs under the applicable rules.
Therefore keep wills, certificates of inheritance, estate inventories, interest agreements and payment evidence separately for each deceased person. Clearly state whether you seek advice as heir, legatee, creditor or possibly legal child. A minor or foreign family connection may require additional representation and evidence. Have deadlines for your specific entitlement assessed and do not sign a full and final release before understanding which estate and rights it closes. Clearly distinguishing the two deaths prevents an existing claim being lost from sight in a debate about stepchildren.
Frequently asked questions
Do I automatically inherit from my stepfather if he raised me?
No. Upbringing or the step-relationship alone does not make you a statutory heir. Check legal parenthood and the will. An existing claim from your own parent's inheritance must be assessed separately.
As a stepchild named in the will, am I always equal to the deceased's own child?
No. Appointment as heir, a legacy and inclusion as one's own child in statutory division are different arrangements. The complete will determines your position. The step-relationship confers no independent reserved portion.
Why can I be a child for inheritance tax without automatically inheriting?
Tax legislation has its own equivalences for rates and exemptions. These do not create a civil inheritance share. A valid acquisition must exist first, for example under a will; tax treatment is examined afterwards.
Sources
These sources relate to this page. For a specific case, check current rules and your own documents.
- Burgerlijk Wetboek Boek 4 — artikelen 8, 10, 13, 27, 63 en 91 Accessed: 2026-10-23
- Belastingdienst — erven zonder testament Accessed: 2026-10-23
- Gerechtshof Amsterdam — ECLI:NL:GHAMS:2013:1968 Accessed: 2026-10-23
- Rechtbank Zeeland-West-Brabant — ECLI:NL:RBZWB:2014:5502 Accessed: 2026-10-23
- Officiële bekendmakingen — Kamerstuk 17141 nr. 27 Accessed: 2026-10-23
- Belastingdienst Kennisgroepen — KG:063:2024:1 Accessed: 2026-10-23
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