Inheritance law governs the legal settlement of estates following the death of a loved one. It determines who the heirs are and how assets and debts are distributed. Without a will, the law follows the rules of statutory succession, where the surviving spouse, children, and registered partners are the primary heirs. When there is a will, the deceased can determine how the estate is distributed, allocate specific legacies, or appoint an executor.
As an heir, you must make decisions regarding the inheritance. You can choose to accept the inheritance, accept it under benefit of inventory, or reject it, depending on the circumstances. With acceptance under benefit of inventory, you accept the inheritance conditionally, ensuring you are not personally liable for any debts. For children, there is the option to claim their legitimate portion, even if they have been disinherited.
With substantial assets, businesses, or international interests, complications may arise. Consider conflicts among heirs, ambiguity regarding the interpretation of the will, or the distribution of assets across different countries. Although the law provides clear frameworks, professional support is often essential to ensure that the settlement of the estate proceeds carefully, fairly, and according to the decedent’s wishes.
An inheritance lawyer from Simmelink Advocaten advises and guides you through the entire process. Whether it involves drafting a will, settling an estate, or resolving disputes among heirs, our inheritance lawyers provide personal attention and expert legal advice. We understand that every situation is unique and tailor our approach to your specific needs and wishes.
Do you have questions about your inheritance situation? Ask your question without obligation, and we will inform you about the best next steps.
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“Dividing the Estate is a Careful Process”
Dividing an estate is often complex and requires careful attention. It goes beyond simply distributing assets; debts and obligations of the deceased must first be satisfied before heirs can receive their share. There is also the option of accepting an inheritance beneficently, which means you are only liable for debts if they are within the value of the estate. This prevents you from paying personally for any deficits.
At Simmelink Lawyers, we provide you with personal attention and expertise to ensure that the division of the estate is fair and meticulous. We make certain that not only are the legal regulations adhered to, but also that your unique circumstances and family dynamics are taken into account. Under the legal distribution, the surviving spouse receives full administration of the estate, while the children are entitled to their share in the form of a claim. Our experienced lawyers ensure that this process proceeds smoothly and without conflict.
With our careful guidance, you are assured of a transparent and fair settlement of the estate, with your best interests always at the center.
The Importance of a Will
A will is a notarial deed in which the testator records his or her last wishes. This allows for deviations from statutory succession and enables specific wishes to be documented regarding the distribution of assets, the appointment of an executor, or the granting of legacies to certain individuals or charities. Drafting a will provides you with the opportunity to maintain control over the distribution of your estate and to prevent conflicts among heirs.
Example from our practice:
Mr. Jansen wishes to bequeath his art collection to a museum and transfer his business to his daughter upon his passing. By documenting this in a will, he ensures that his wishes are carried out.
The statutory succession
When there is no will, the law determines who the heirs are and how the estate is distributed. This statutory succession follows a hierarchy:
- Spouse/registered partner and children: They inherit preferentially and share the estate equally.
- Parents, brothers, and sisters: If there is no spouse or children.
- Grandparents: If the second group is also absent.
- Great-grandparents: If there are no heirs in the preceding groups.
In the statutory division, the surviving spouse receives all assets and liabilities of the estate, while the children receive a claim equivalent to their inheritance share. This claim is often only payable upon the death of the surviving spouse.
Position of the Surviving Spouse or Partner
The surviving spouse or registered partner holds a special position within inheritance law. The law provides protection to ensure that the survivor can continue living in the shared home and has sufficient resources. This can be achieved through the right of usufruct or by claiming the community of property. Sometimes, a certificate of inheritance is required to formalize these rights.
Example from our practice:
Mrs. De Vries remains in their shared home after the passing of her partner. Under inheritance law, she is protected, allowing her to continue living in the house without being forced to sell.
“Child’s share” and “legitimate portion”
According to the law, children are entitled to a portion of the inheritance, known as the child’s share. Even if a child is disinherited, they are still entitled to the legitimate portion, a minimum inheritance share in the form of a monetary claim. Calculating and claiming this legitimate portion can be complex and often requires legal advice.
Example from our practice:
Mr. Peters has disinherited his son. The son still wishes to claim his legitimate portion. We assist him in calculating and obtaining his rightful share.
Accepting or renouncing an inheritance
As an heir, you have three options:
- Unconditional Acceptance:
You accept the inheritance, including all debts and assets. - Beneficiary acceptance:
You accept the inheritance only if it is positive, ensuring that you are not liable with your own assets for any potential debts. - Reject:
You fully renounce the inheritance.
Note: Certain actions may be considered as tacit acceptance, such as selling the deceased’s assets.
Example from our practice:
Mrs. Bakker discovers that her deceased uncle had significant debts. By accepting the inheritance under the benefit of inventory, she protects herself from these debts.
The role of the executor
An executor is appointed by the testator to settle the estate. The executor carries out the last will, manages the assets, and settles the debts. The powers depend on what is stipulated in the will.
Example from our practice:
Mr. Van Dijk has appointed his nephew as the executor. The nephew is responsible for the sale of the house and the distribution of the proceeds among the heirs.
Administrator and guardian
In certain situations, a liquidator or administrator is appointed.
- Liquidator: Manages the estate in cases of acceptance under benefit of inventory or conflicts.
- Administrator: Manages the inheritance share of heirs who are unable to do so themselves, such as minors.
Example from our practice:
Upon the passing of Mr. and Mrs. Jansen, their minor children are left behind. A guardian is appointed to manage their inheritance until they reach the age of 18.
Inheritance tax and fiscal aspects
When receiving an inheritance, you may be required to pay inheritance tax. The amount depends on the value of the inheritance and your relationship to the deceased. There are exemptions and different rates.
Our Services:
- Advice on tax optimization.
- Assistance with the inheritance tax return.
- Understanding exemptions and rates.
Example from our practice:
The Smit family wishes to minimize inheritance tax for their children. We provide advice on lifetime gifts and the optimal use of exemptions.
International inheritance law
In cases involving international aspects, such as assets abroad or heirs in another country, inheritance law becomes more complex. The European Succession Regulation determines which law is applicable. In a will, you can choose the law of a specific country.
Example from our practice:
Mrs. Müller, a German citizen residing in the Netherlands, owns a holiday home in France. We assist her heirs with the international settlement of the estate.
Disputes and proceedings
Disputes may arise regarding the distribution of the estate, the interpretation of the will, or the actions of the executor.
Our Approach:
- Mediation: We first attempt to reach a resolution through consultation.
- Legal assistance: If necessary, we represent you in court.
Example from our practice:
Brother and sister dispute over the division of their parents’ art collection.
We guide them towards a solution that is acceptable to both parties.
Client Experiences
Simmelink Advocaten distinguishes itself through expertise and thorough knowledge. My case was handled correctly without any unexpected costs, which they had accurately estimated in advance.
Excellent law firm! The team is very friendly, communication is clear, and commitments are always kept. I highly recommend this firm for legal support.
The resolution of my alimony calculation by Simmelink was swift and efficient, and I am very pleased with the result. They are approachable and have extensive knowledge.
Law firm Simmelink is very professional and client-oriented. They understand the client’s needs and go out of their way to help. Rarely do you see a company where the customer is as central as at Simmelink.
Please contact us
We are available from Monday to Friday, from 9:00 AM to 5:00 PM, at the phone number +31 (0)30 – 3078732.
