An exclusion clause can prevent an inheritance entering matrimonial community property. That does not resolve every discussion with a partner or their heirs. The precise will, marriage date, matrimonial agreements and what subsequently happens to the inherited assets matter. Money in a joint account, for example, requires a different assessment from an inherited home remaining separately registered. This guide covers the main questions under Dutch law and helps you collect the correct evidence.
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1. Start with the applicable matrimonial property law
First establish when the marriage or registered partnership began and which conditions apply. A statutory community created before 1 January 2018 generally falls under the former universal community regime. An inheritance could fall within it without an exclusion clause. Under the limited statutory community applicable since that date, inheritance acquisitions generally remain outside the community. The death date alone therefore does not tell you which regime governs your relationship with your partner.
Matrimonial agreements may depart from this and include, for example, a settlement clause. A will may instead provide for inclusion. Therefore collect both the marriage certificate and any matrimonial agreements as well as the full will. With a foreign marriage or inheritance, also investigate the law applicable to matrimonial property and that applicable to the estate. These are separate questions. Do not assume without investigation that Dutch wording automatically determines all foreign consequences.
2. Read the clause as part of the whole will
The deceased may stipulate that what an heir acquires stays outside community property. Often the arrangement also mentions income, replacement assets or settlement. The meaning of such elements must follow from the actual text. A heading such as exclusion clause or separate-property clause is insufficient itself. Also check the acquisitions covered: an inheritance share, legacy, earlier gift or several elements together. A gift clause does not automatically apply to a later inheritance.
Some wills distinguish dissolution by divorce from dissolution by death. In practice, terms such as hard and soft are used. These labels do not replace the conditions. An exception may, for example, depend on the family situation or whether divorce proceedings are pending. In a specific dispute, have it explained which event activates the clause and who benefits. The general idea that the deceased wanted to keep money in the family does not replace this analysis.
3. Retain evidence from receipt of the inheritance
Keep the will, certificate of inheritance, estate account and bank statements showing payment. Clearly identify the origin in transfers. A separate account may make money flows easier to trace, but is no independent legal guarantee. Joint funds may also enter it. For every substantial expenditure, clarify whether separate assets, community assets or a combination paid for it. Also keep documents about sale and reinvestment of inherited assets. For instalment distributions, check whether every part comes from the same estate. A payment may also include interest, a previously promised legacy or a cost settlement. Therefore explain each receipt separately in the overview and keep the estate administrator's accompanying letter.
In a dispute many years later, isolated balance statements often do not suffice to reconstruct the entire shift of assets. Request historical statements promptly and keep renovation or repayment invoices. Record joint agreements while consensus exists. Note not just the amount, but whether reimbursement was agreed, when it becomes due and how value changes are treated. Have compatibility with the will and applicable matrimonial property law checked.
4. A joint account does not automatically end every entitlement
In 2019, the Supreme Court considered money gifted under an exclusion clause and deposited in a joint account. In that specific case, the claim against the bank belonged to the community and the shift of assets generally created a reimbursement right against the community. Subsequent spending did not automatically extinguish that entitlement. The judgment concerned gifts and a community created before 2018; applying it to your inheritance requires assessment of the same relevant property-law principles.
The Supreme Court distinguished spending on community debts from payment of the recipient's personal debts. Agreements not to seek reimbursement may also matter. In that case, the other spouse had to assert and, if necessary, prove facts undermining the entitlement. Do not infer a general rule that every deposit is always repaid in full. First examine legal ownership of the balance, how the deposit operated and existing counterclaims or agreements.
5. Investigate home investments separately
Using inherited money for a joint home may create a reimbursement question. This does not simply make the home entirely separate property. Conversely, joint ownership does not mean the origin of a separate contribution disappears legally. Collect the purchase deed, mortgage documents, repayment summaries and invoices. Distinguish purchase, repayment, maintenance and improvement. The relevant date and relationship between the asset pools partly determine which statutory regime and calculation method need investigation.
Nominal reimbursement and an entitlement varying with value are different outcomes. The appropriate result does not follow solely from the name exclusion clause. Transitional law, the investment's nature and valid agreements may also be decisive. Therefore do not merely obtain a current equity valuation; make the financing history clear too. On sale, check whether a disputed claim must first be settled or can be safeguarded through a clear escrow arrangement.
6. Distinguish protection during marriage from inheritance after death
An exclusion clause generally regulates assets in relation to matrimonial community property or settlement. It does not automatically disinherit the recipient's partner. When the recipient later dies, their partner may inherit under their own will or statutory rules. Directing subsequent acquisitions may require other testamentary provisions. The clause in a parent's will and a child's will therefore each serve their own function.
Protection against creditors is also no automatic consequence. Separate assets may generally be available for recovery of the recipient's own debts. Community debts and recovery against community assets require separate assessment. When seeking advice, explain precisely the risk against which protection is sought: divorce, death, business debts or asset management. This prevents a provision written for one relationship being wrongly treated as general asset protection.
7. Work through a dispute before signing the account
Fictional example: an heir receives money under an exclusion clause and uses it to repay part of the joint mortgage. Years later, divorce brings a dispute. The necessary information then includes not only the will and amount received, but also the matrimonial regime, repayment date, agreements and ownership proportions. A calculation simply deducting the original amount from equity may be premature. First jointly list established facts and disputed elements.
Request a reasoned position on the clause and any reimbursement claim. Safeguard the deadlines applying to that particular claim; family discussion does not automatically suspend them. A notary can clarify the testamentary arrangement and record agreements. Opposing interests may require separate legal advice. Sign a division or full and final release only once you understand the entitlements acknowledged, offset or relinquished and any uncertainties expressly remaining. In a settlement, clarify whether agreement covers only division of an account or also all earlier separate contributions. An unclear description may later cause a new dispute about precisely what parties intended to settle.
Frequently asked questions
Is an exclusion clause unnecessary for a marriage after 2018?
Not necessarily. Inheritances generally remain separate under limited statutory community property, but matrimonial agreements, settlement arrangements and the desired scope may still make a clause relevant.
Do I lose my separate inheritance as soon as I deposit it in a joint account?
Not automatically. Investigate the shift of assets, account balance and possible reimbursement rights. Spending and agreements made may matter.
Does the clause prevent my partner inheriting from me later?
Usually it does not regulate that. Who inherits at your own death depends on your own will and applicable statutory inheritance rules.
Sources
These sources relate to this page. For a specific case, check current rules and your own documents.
- Burgerlijk Wetboek Boek 1 — huwelijksgemeenschap en vergoedingen Accessed: 2026-10-23
- Hoge Raad — ECLI:NL:HR:2019:504 Accessed: 2026-10-23
- Wet beperking wettelijke gemeenschap van goederen Accessed: 2026-10-23
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Editorial team Inheritance law in the Netherlands
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