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

Under Dutch law a disinherited child may still have a reserved portion. This does not automatically make you an heir or entitle you to particular belongings.

Duration: 1:33Created on Part of: All explainer videos

Summary

Under Dutch law a disinherited child may still have a reserved portion. This does not automatically make you an heir or entitle you to particular belongings.

Key points

  • Under Dutch law a disinherited child may still have a reserved portion. This does not automatically make you an heir or entitle you to particular belongings.
  • Collect the will, death date and details of children and partner. The amount is not simply determined by the balance in a bank account.
  • Relevant gifts may be added to the calculation base and specific statutory debt categories deducted. Have your fraction and possible credits checked.
  • Article 4:78 provides information to calculate the reserved portion. Explain why each item is needed. It is not unlimited access to family archives or management as an heir.

Please note

Not legally reviewed yet

Sources for this video
  1. notaris.nl
  2. rijksoverheid.nl
  3. kennisgroepen.belastingdienst.nl
  4. wetten.overheid.nl
  5. wetten.overheid.nl
  6. wetten.overheid.nl

Transcript

Inheritance law in the Netherlands.

Under Dutch law a disinherited child may still have a reserved portion. This does not automatically make you an heir or entitle you to particular belongings.

Collect the will, death date and details of children and partner. The amount is not simply determined by the balance in a bank account.

Relevant gifts may be added to the calculation base and specific statutory debt categories deducted. Have your fraction and possible credits checked.

Article 4:78 provides information to calculate the reserved portion. Explain why each item is needed. It is not unlimited access to family archives or management as an heir.

A five-year limit applies and an earlier reasonable deadline may matter. Interaction with certain usufruct rights can involve a specific shorter period. Have every date checked now.

Payment has separate rules, generally not before six months after death, with possible further restrictions. Check declaration, calculation and correct debtor before signing a settlement.

Read the full article and sources. General information does not replace advice about your own situation.

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Understand your position, gather the right documents and explore the next step for your situation.

An heir will not cooperate: help with a stalled estateIs an heir blocking distribution? Find out which documents you need, how a civil-law notary can help and when you need an inheritance lawyer.
Accepting an inheritance under benefit of inventory: protection and help with administrationUncertain about estate debts? Learn how acceptance under benefit of inventory works, the administration that follows and when legal help is sensible.
Claiming a reserved share: deadlines, information and help from a lawyerWant to protect your reserved share? Distinguish making a claim from receiving payment, gather the right information and have an approaching deadline assessed.
Disinherited by a parent: what is your position and when do you need a lawyer?Disinherited as a child? Check the will, distinguish being an heir from having a monetary claim and prepare carefully for a meeting with an inheritance lawyer.
Obtaining a will after death: the register, notary and missing informationWant to know whether a will exists? Distinguish registration from contents, check your interest and prepare questions for the notary.
Need a certificate of inheritance? Investigation, delay and help with a disputeDoes a bank or notary request a certificate of inheritance? Learn what it proves, why investigation is needed and how to prepare when delayed.

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