Best Estate Planning Lawyers in Delft

About Estate Planning Law in Delft, Netherlands

Estate planning in Delft follows the rules of Dutch inheritance law. Estate planning means making legal arrangements now so your possessions, money, business interests, and care wishes are handled in the way you want after you die or if you become incapable. Key actors in the Netherlands include civil-law notaries - the notaris - who commonly draft and register wills and matrimonial agreements, lawyers who handle disputes and complex planning, and tax advisors who advise on inheritance tax and gift tax. Because Delft is part of the Netherlands and has an international community, many estate plans also need to take cross-border rules into account.

Why You May Need a Lawyer

You do not always strictly need a lawyer to make basic estate documents, but there are many situations where legal help is strongly advisable or necessary. A lawyer or notary can help in cases such as:

- You have a blended family, children from different relationships, or want to protect an inheritance for certain beneficiaries.

- You are not married but want your partner to inherit - Dutch law does not automatically give rights to unmarried partners.

- You own assets in more than one country, or you or your heirs are not Dutch nationals - cross-border succession rules can be complex.

- You own a business and need a succession plan to allow continued operation or to structure a sale on favourable tax terms.

- You want to change the matrimonial property regime, set up prenuptial agreements, or separate specific assets from the marital estate.

- You wish to minimize inheritance tax lawfully, use gifting strategies, or set up foundations or other legal structures for asset protection.

- You expect disputes among heirs, need an executor with strong legal skill, or foresee litigation after death.

- You want to be sure a will meets Dutch formal requirements, or you want to use the EU Succession Regulation to select applicable law.

Local Laws Overview

Below are key legal features of estate planning under Dutch law relevant to residents of Delft.

- Intestate succession - If you die without a valid will, Dutch intestacy rules determine who inherits. The spouse or registered partner and children generally inherit first. If there is no spouse or children, parents or siblings may inherit.

- Wills - Dutch wills are commonly prepared by a civil-law notary but handwritten wills (holographic wills) are also legally possible if they meet strict formal requirements - for example, the document must be written and signed by the testator. Consulting a notary reduces the risk of formal defects and ensures registration.

- Reserved portion - The law protects certain close family members by giving them a statutory reserved portion. Children and the spouse or registered partner have protected rights that limit how far you can disinherit them, although specific planning steps can affect what they ultimately receive.

- Matrimonial property regime - The default property regime for marriages entered into after January 1, 2018, is a limited community of property - only assets and debts acquired during marriage are communal, unless spouses opted otherwise by prenuptial agreement. For marriages before that date or where a prenuptial agreement exists, other rules may apply. Property regime affects how much the surviving spouse inherits and how estate assets are divided.

- Executors and administration - You may appoint an executor (executeur testamentair) in your will to administer the estate. The executor inventories assets, pays debts, handles tax matters and distributes the estate according to the will or the law. Banks and other institutions typically require proof of death and the will before releasing assets.

- Inheritance tax - The Netherlands levies inheritance and gift tax. Rates and exemptions depend on the relationship between the deceased and beneficiaries. Spouses and children commonly benefit from larger tax allowances. Tax rules change, so professional advice is important for tax planning.

- Cross-border succession - The EU Succession Regulation allows people to choose the law of their nationality to govern succession. If no choice is made, the law of the country of habitual residence usually applies. For residents of Delft with foreign assets or foreign nationality, this can affect which law governs the distribution of the estate.

- Legal vehicles - Foundations (stichtingen), holding companies, and other legal structures are used in the Netherlands for asset management and succession. These tools have benefits and obligations - always review with a lawyer or tax expert.

Frequently Asked Questions

Do I need a will if I live in Delft?

It is highly recommended. Without a will, intestacy rules apply, which may not reflect your wishes - especially if you are unmarried, have a partner who is not registered, or want to provide for non-family members. A will lets you name beneficiaries, appoint an executor, and set specific instructions.

How do I make a valid will in the Netherlands?

You can make a will through a civil-law notary or prepare a handwritten will that meets formal requirements. Using a notary is the most secure option because the notary ensures the document meets legal form and can register the will in the central wills register, making it easier for heirs to locate after your death.

What happens if I die without a will?

If you die intestate, statutory rules determine heirs and shares. Typically the surviving spouse or registered partner and children inherit first. Unmarried partners have no automatic inheritance right unless named in a will. Intestacy may also lead to unintended heirs, so a will gives control to you.

Can I disinherit my children or spouse?

Dutch law protects certain family members through a reserved portion. While you can reduce or adjust inheritances by will, you cannot always fully disinherit children or a spouse without legal consequences. Consult a lawyer to understand reserved portions and lawful strategies if you want to limit an inheritance.

How is inheritance tax handled in the Netherlands?

Inheritance tax is charged based on the relationship between the deceased and beneficiaries and the value they receive. Spouses and children typically have lower rates and higher allowances. Tax rules can change, so speak to a tax advisor or notary to understand current thresholds and any exemptions that might apply, for example for family businesses or homes.

What should unmarried couples in Delft know about inheritance?

Unmarried couples do not inherit automatically. To ensure your partner inherits, you should make a will naming them as beneficiary and consider other legal steps - for example, making a life insurance or jointly owning property with clear arrangements. Registered partnership or marriage changes the legal position, so discuss options with a notary or lawyer.

Do I need special planning if I own a business?

Yes. Business succession requires specific legal and tax planning to keep the business running, manage valuation, and reduce tax consequences. Options include selling to family, buy-sell agreements, creating structures that separate ownership from management, and using foundations or holding companies. Professional advice is essential.

What if I have assets in another country?

Cross-border assets add complexity. The EU Succession Regulation and local laws of the countries where assets are located can affect how those assets pass on. You may be able to choose the law of your nationality in a will, but this choice must be made clearly. Consult a lawyer experienced in international succession.

How long does it take to settle an estate?

There is no fixed timeline. Small, uncontested estates can be settled in a few months after death, while complex estates - with business interests, cross-border assets, tax issues or disputes - can take a year or more. The executor works through inventory, paying debts, tax filings and final distribution, so the duration depends on those tasks.

How much will legal help cost?

Costs vary by provider, complexity and work required. Notaries typically charge set fees for drafting standard wills and for registry services. Lawyers usually bill by the hour or offer fixed fees for specific services. Tax advisory fees depend on the level of analysis and filings required. Request a clear engagement letter or fee estimate before proceeding.

Additional Resources

When you need authoritative information or professional contact points, consider these local and national resources:

- Civil-law notaries (notaris) - notaries are central to drafting, executing and registering wills and matrimonial agreements in the Netherlands.

- Royal Dutch Association of Civil-law Notaries - the professional body that can help you find a notary and provides information about notarial services.

- Netherlands Bar Association - resource to find qualified lawyers who specialise in inheritance and family law.

- Belastingdienst - the Dutch tax authority handles inheritance and gift tax matters and provides current tax rules and exemption amounts.

- Central wills register - notarial wills can be registered so heirs and institutions can find them after death.

- Municipality of Delft - for practical steps after a death, such as obtaining death certificates and registering the death with local authorities.

- Local legal aid and expat organisations - Delft and nearby regions may have advisory services or community organisations that help expats and residents understand local legal procedures.

Next Steps

If you need legal assistance with estate planning in Delft, follow these practical steps:

- Take stock - prepare a clear list of assets, liabilities, business interests, insurance policies, digital accounts and key contacts. Know where important documents are kept.

- Identify goals - decide who you want to inherit, who should manage your affairs or care for dependants, and whether you want to minimise taxes or protect assets for future generations.

- Choose the right professionals - for most matters contact a civil-law notary to prepare or register a will. Use a specialised inheritance lawyer for disputes or complex international planning. Consult a tax advisor about tax consequences.

- Make or update documents - create a will, consider powers of attorney and health care directives, and review matrimonial property arrangements if relevant. Keep documents in a safe but accessible place and register notarial wills so heirs can find them.

- Review regularly - update your plan after major life events such as marriage, divorce, births, deaths, acquiring or selling significant assets, or changes in residence or nationality.

- If you anticipate disputes, consider mediation or appoint a professional executor to reduce friction after your death.

Getting professional advice early can save time, cost and stress for your heirs. If you are unsure where to start, schedule an initial consultation with a Delft notary or a lawyer experienced in Dutch inheritance law to discuss your situation and options.