Wills & Probate

Estate Planning in the Netherlands: Wills, Gifts and Succession

EV

Eva de Vries

Legal Associate

18 October 2023 7 min read

A clear plan spares your family cost, delay and conflict. Here is how wills, gifts and Dutch succession law fit together — including forced heirship.

Estate planning is simply deciding, while you can, what happens to your assets and dependants after you are gone. Done well, it spares your family the cost, delay and conflict that so often follow when someone dies without a plan.

Why a will matters

A notarial will lets you choose your beneficiaries, appoint an executor (executeur) you trust, and name guardians for minor children. Without one, your estate is distributed under the statutory rules of succession in Book 4 of the Civil Code, which may not reflect your wishes — and note that children are protected by a forced share (legitieme portie) that a will cannot simply remove.

Settling the estate

Before assets can be dealt with, the heirs usually obtain a certificate of inheritance (verklaring van erfrecht) from a civil-law notary. This document is what allows banks and the Kadaster to deal with the estate, and confirms who is entitled to act.

Tools beyond the will

  • Lifetime gifts (schenkingen) to use annual exemptions and reduce inheritance tax.
  • Marital and partnership arrangements (huwelijkse voorwaarden) for a smooth transition.
  • Structuring business succession across generations.

The kindest thing you can leave your family is not just assets — it is clarity.

We help individuals and families prepare wills, plan lifetime gifts and navigate succession and the administration of estates with care and discretion.

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This article is general information, not legal advice. For guidance on your specific situation, please speak to our team.

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