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Estate planning in Enschede follows Dutch national law with local administrative steps handled by the municipality of Enschede. Estate planning covers making a will, appointing executors and guardians, arranging powers of attorney for illness or incapacity, deciding on gifts during life, and preparing for inheritance tax and administrative transfer of assets after death. Dutch estate law is rooted in the Burgerlijk Wetboek - the Civil Code - and many decisive acts such as making a valid will are performed by Dutch civil-law notaries. If you live in Enschede or hold assets there, you will usually work with a local notary and may need to file forms or register events with Gemeente Enschede and the Belastingdienst.
While many estate planning tasks are handled by notaries, there are common situations where a lawyer is useful or necessary:
- Complex family situations, such as blended families, second marriages, or children from different relationships, where inheritance rights and reserved portions need careful structuring.
- International issues: if you or your heirs have foreign nationality or assets abroad, conflicts of law can arise. Lawyers with cross-border succession experience are important for applying EU Succession Regulation rules and tax treaties.
- Disputes between heirs or challenges to a will. Litigation over interpretation, validity or distribution often requires a lawyer experienced in succession litigation.
- Business succession planning. If you own a company, a lawyer can help combine corporate and succession planning to avoid unintended tax consequences or ownership gaps.
- Tax planning and optimization. Estate tax and gift tax consequences can be significant. Lawyers often work with tax advisors to design strategies that comply with law while managing tax liability.
- Incapacity planning. Preparing a life mandate or powers of attorney and, if needed, court applications for guardianship or curatorship may require legal input.
Key points of Dutch law that affect estate planning in Enschede:
- Wills must normally be executed by a civil-law notary - notarial wills are the common, secure method for creating a valid testament.
- Reserved portions - close relatives such as children have statutory protection in the form of a reserved portion. You cannot fully exclude certain heirs without legal consequences for their statutory claim.
- Matrimonial property regime affects who owns what on death. Prenuptial agreements and the default matrimonial regime determine how marital assets are handled. Since recent reforms, the default regime for marriages has changed, so it is important to confirm which regime applies to your marriage.
- Executors - you can appoint an executeur testamentair in your will to manage the estate. A notary can also issue a verklaring van erfrecht - a statement of inheritance - to confirm the identity of heirs and their shares for banks and registries.
- Inheritance and gift tax - estates and lifetime gifts can be subject to tax. The Belastingdienst administers inheritance and gift tax. Returns usually must be filed within the statutory deadline - extensions are sometimes possible.
- EU Succession Regulation - if you have cross-border elements, EU rules allow you to choose the law of your nationality to govern succession. If you do not choose, the law of habitual residence generally applies. That choice should be made carefully in a will.
- Registration of wills - notaries register the existence of notarial wills in a central testamentary register. The register records whether a notarial will exists but not its contents.
Most people create a notarial will prepared and executed by a civil-law notary. The notary records the will in a notarial deed and typically registers the existence of the will in the central testamentary register. There are limited exceptions to the notarial requirement. A local notary can explain the safest options and draft the document to reflect your wishes.
If you die intestate, Dutch statutory intestacy rules determine who inherits - usually spouse or registered partner and children next in line. If you have no close family, more distant relatives or the state can inherit. Intestacy may produce results different from your wishes, so creating a will is recommended.
Cohabitants who are not married or not registered partners do not automatically inherit under Dutch law. To provide for a non-married partner you must create a will. Registered partners generally have rights similar to spouses, so registering the partnership changes legal entitlements.
You can attempt to disinherit a child in a will, but children have a statutory reserved portion which gives them a claim against the estate. Disinheriting can lead to legal claims; consult a lawyer or notary to understand the consequences and to draft measures that reflect your intentions while respecting statutory protection.
A verklaring van erfrecht is a notarial statement that identifies the heirs and their shares and shows who is entitled to manage the estate. Banks, insurers and property registries typically require such a statement before releasing funds or transferring assets. A notary in Enschede can prepare it after death.
Inheritance tax and gift tax are administered by the Belastingdienst. Typically an inheritance tax return must be filed within the statutory period after death - extensions may be available on request. Tax rates and exemptions depend on the relationship between the deceased and beneficiaries and on the value of the estate. Consult a tax specialist or lawyer for current thresholds and tax planning tips.
If you or your heirs have assets or nationality abroad, you should get combined legal and tax advice. The EU Succession Regulation and local laws determine which law applies. You may be able to choose the law of your nationality in your will to avoid unintended results, but that choice must be made carefully and documented correctly.
Yes. Many people prepare a levenstestament or grant powers of attorney for finances and health care. These documents appoint trusted persons to act if you cannot. Absent such arrangements, a court may appoint a curator or guardian, which can be more time-consuming and less tailored to your wishes.
Costs vary widely depending on the complexity: simple wills cost less, while complex estates, cross-border issues or business succession planning cost more. Notary fees, lawyer fees and tax advisor fees should be compared. Many professionals provide an initial fixed-fee meeting or a written cost estimate. There are also possibilities for legal aid in eligible cases.
Notarial wills are generally registered in a central testamentary register so that notaries can locate them after death. The register records the existence and location of a notarial will, not its content. Discuss registration and safe storage with your notary.
Useful bodies and organizations to contact or consult in the Netherlands and locally in Enschede:
- Gemeente Enschede - for death registration and population register matters.
- Belastingdienst - for inheritance and gift tax information and filing obligations.
- Koninklijke Notariële Beroepsorganisatie - the professional organization for notaries, for information on finding a notary and on how notarial wills are handled.
- Juridisch Loket - a national free legal advice service that provides basic information and can help you decide whether you need a lawyer.
- Regional courts such as Rechtbank Oost-Nederland - for disputes or court appointments related to guardianship or estate matters.
- Local law firms and notary offices in Enschede - for tailored estate planning, wills, and administration services. Ask for lawyers with specific experience in succession and international estate matters if relevant.
- Tax advisors and accountants - for estate tax planning, inheritance tax returns and valuation of assets.
If you need legal assistance with estate planning in Enschede, consider the following practical steps:
- Gather key documents: identification, marriage or partnership contracts, existing wills, property deeds, bank details, insurance policies, pension information and business ownership documents.
- Decide priorities: who do you want as heirs, who should be executor, and who should make decisions if you are incapacitated. Consider guardianship for minor children.
- Book an appointment with a civil-law notary in Enschede for drafting or reviewing a will and for powers of attorney or a levenstestament. If you face complexity or potential disputes, hire an estate lawyer as well.
- Ask for written cost estimates before work starts so you know notary and lawyer fees and any expected administrative costs.
- Check tax implications with a tax advisor to plan gifts or transfers and to prepare for inheritance tax filing deadlines.
- Register a notarial will in the central testamentary register and ensure your chosen contacts know where documents are held and how to reach your notary.
- If death occurs, notify Gemeente Enschede and contact your notary to obtain a verklaring van erfrecht and to start estate administration. File required tax returns within the statutory deadlines or request an extension if needed.
This guide provides general information only and does not replace tailored legal advice. For personalized planning and to address specific questions about your circumstances, contact a qualified notary or lawyer in Enschede.
