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About Estate Planning Law in Ommen, Netherlands

Estate planning in Ommen follows national Dutch law. The rules that determine who inherits, what tax is due, and how to arrange wills, gifts, and powers of attorney are set at the national level. Local practice in Ommen typically involves working with a civil law notary for wills and estate settlement, and with the municipality for registrations related to death certificates. If you live in Ommen or own assets here, a clear plan helps protect your partner, children, business, and favorite causes, and it can reduce family stress and tax exposure.

Key tools include a notarial will, gifts during lifetime, a living will known as a levenstestament, prenuptial or cohabitation agreements, and business succession arrangements. International families should also consider European and cross border rules that can change which country’s law applies to their estate.

Why You May Need a Lawyer

You may need legal help if you want to make or update a will, protect a partner or children from a previous relationship, appoint an executor, set up a living will or power of attorney for incapacity, or plan gifts to reduce future inheritance tax. Legal advice is also important if you own a business, if you have property or heirs in more than one country, if you wish to support charities, or if there is family conflict or a blended family structure.

After a death, families often need assistance obtaining a declaration of inheritance, settling debts and taxes, handling bank and property transfers, dealing with the rights of a surviving spouse and children, and resolving disagreements between heirs. A civil law notary generally prepares estate documents and can guide the process. An advocaat may be needed in case of disputes or litigation.

Local Laws Overview

Wills and codicils. In the Netherlands, a will is made by notarial deed before a civil law notary. It is registered in the Central Register of Wills. A handwritten codicil is allowed only for limited personal items and funeral wishes and does not replace a full will. You can appoint an executor, set up protective administration over inheritances for young or vulnerable heirs, and include special clauses such as exclusion so that an inheritance does not fall into a spouse’s community property.

Intestacy. If you die without a will and leave a partner and children, the statutory division applies. The partner becomes the heir who manages the estate, while children receive a monetary claim against the partner, usually payable on the partner’s death or in certain trigger events. Without a partner, children inherit equally. Unmarried cohabitants do not inherit by default and need a will to provide for each other.

Forced share. Children have a limited forced share known as the legitime portie. It is a monetary claim equal to half of what their statutory share would have been. It must be claimed within set time limits. A spouse does not have a forced share but has strong statutory protections under intestacy and under matrimonial property law.

Matrimonial and partnership property. Since 2018 the default for marriage and registered partnership is limited community of property. Assets and debts before the marriage and gifts or inheritances remain private unless expressly included. Couples can agree on prenuptial or partnership terms to deviate. A cohabitation agreement can arrange finances and sometimes tax partner status, but it does not create inheritance rights by itself.

Living will and incapacity. A levenstestament is a notarial power of attorney and set of instructions for financial and personal care decisions if you become incapacitated. It can be registered so institutions can verify it quickly. For medical decisions, the law recognizes a representative and advance directives.

Executors and settlement. A will can appoint an executor with powers to manage and settle the estate. After death, a notary issues documents that prove the executor or heirs may act. Certain acts are registered in the court’s estate register at the district court that covers Ommen. Many estates are settled privately with notarial guidance rather than through a formal court process.

Inheritance and gift tax. Dutch inheritance and gift tax applies based on the relationship to the deceased or donor. Exemptions and rates differ for partners, children, grandchildren, and others. Amounts change periodically. There is relief for business succession under specific conditions. Planning with gifts, life insurance beneficiary designations, and will structure can reduce tax, but rules are technical and anti avoidance provisions apply.

Real estate and registration. Transfers of inherited Dutch real estate are handled through the notary with registration in the Land Registry. Inheritance itself does not trigger real estate transfer tax, though inheritance tax may still apply to the value.

International families. The EU Succession Regulation generally applies the law of the country of habitual residence at death, unless you choose the law of your nationality in your will. Cross border estates require attention to applicable law, recognition of wills, and possible double taxation relief. The Netherlands has limited treaties on inheritance tax and domestic rules for tax credits.

Minors and guardians. Parents can appoint a guardian in a will. Inheritances for minors are usually placed under administration with safeguards. Courts can be involved to supervise certain actions on behalf of minors.

Frequently Asked Questions

Do I need a Dutch will if I already have a foreign will

Often yes. A foreign will may be valid, but it may not fit Dutch statutory rights, tax planning, or practical settlement in the Netherlands. A Dutch notarial will avoids translation and legalization hurdles, aligns with local processes, and can include a choice of law for cross border clarity.

What happens if I die without a will in Ommen

National intestacy rules apply. If you leave a partner and children, the partner manages and inherits the estate assets and debts, and the children hold monetary claims usually payable on the partner’s death. If there is no partner, children inherit equally. Unmarried partners do not inherit without a will.

Can I disinherit a child or a spouse

You may limit a child to the forced share known as the legitime portie, which is a monetary claim equal to half of the child’s statutory share. You cannot remove that right entirely. A spouse does not have a forced share but has strong protections under intestacy and property law. Tailored advice is needed to balance wishes and legal limits.

What is a verklaring van erfrecht and why do banks ask for it

It is a notarial declaration of inheritance that confirms who the heirs or executor are and who may represent the estate. Banks and other institutions rely on it before releasing funds or changing account ownership, unless a specific policy or small balance exception applies.

How does marriage, registered partnership, or cohabitation affect my estate

Marriage and registered partnership create statutory inheritance rights and a default property regime. Since 2018 the default is limited community of property. Cohabitation does not create inheritance rights by itself, even with a cohabitation contract, so a will is normally required to provide for a cohabiting partner.

What is a levenstestament and should I have one

A levenstestament is a notarial power of attorney and set of instructions for financial and personal matters if you become unable to act. It can designate who pays bills, manages investments, sells property, and speaks for you about care. It helps avoid court guardianship and allows your family to act quickly.

How are stepchildren treated

Stepchildren do not inherit by default. You can include them in your will as heirs or legatees. For tax, stepchildren are usually treated like biological children if the relationship meets legal criteria, which can be advantageous.

How long does settling an estate take

Simple estates with cooperative heirs can settle in a few months once the declaration of inheritance is issued and taxes are handled. Estates with real estate sales, foreign assets, businesses, disputes, or tax audits can take longer.

Will my heirs pay tax, and can it be reduced

Inheritance tax is due above certain exemptions that vary by relationship. Planning with lifetime gifts, exclusion clauses, insurance beneficiary designations, and business succession relief can reduce tax. Exact outcomes depend on values, family ties, and current tax rules.

Can I keep an inheritance out of my child’s marital property

Yes. A will can include an exclusion clause so the inheritance stays private property of the child. Donors can also add an exclusion clause to gifts. This helps protect against division on divorce.

Additional Resources

Belastingdienst. The Dutch Tax Administration publishes current inheritance and gift tax rates, exemptions, and forms. Ask for information on erfbelasting and schenkbelasting.

Koninklijke Notariële Beroepsorganisatie. The Royal Dutch Association of Civil-law Notaries provides information about notarial wills, living wills, and how to find a notary. It also manages registration for living wills.

Centraal Testamentenregister. The Central Register of Wills confirms whether a will exists and which notary holds it. After a death, a notary can check this register.

Boedelregister at Rechtbank Overijssel. The estate register of the Overijssel District Court records certain estate related notices, including executor information. Ommen falls under this court district.

Gemeente Ommen. The municipality handles death registrations and issues death certificates required for estate settlement.

Kadaster. The Dutch Land Registry records changes in ownership for real estate that passes through inheritance.

Raad voor Rechtsbijstand. The Legal Aid Board provides information about eligibility for subsidized legal assistance if costs are an issue.

Local civil law notaries in Ommen and Overijssel. A notary drafts wills and living wills, issues the declaration of inheritance, and executes transfers. An advocaat is recommended for disputes.

Consulates and embassies. For cross border estates, consular services can help with documents and formalities relating to foreign wills and certificates.

Next Steps

Clarify your goals. Decide whom you want to benefit, who should manage your affairs if you cannot, and how to protect minors, vulnerable heirs, or a family business. Consider international connections and charitable wishes.

Gather key information. List your assets and debts, family details including previous relationships and minor children, existing marriage or cohabitation agreements, insurance policies, and any foreign assets or wills.

Consult a local professional. Speak with a civil law notary in or near Ommen to draft or update your will and living will, to discuss marital property consequences, and to structure gifts. If you anticipate conflict or complex tax questions, involve an advocaat and a tax adviser.

Document and register. Sign your will and living will before a notary, and ensure appropriate registrations are made so institutions can verify them quickly. Keep certified copies and tell your executor and partner where to find them.

Plan for taxes and administration. Ask about inheritance and gift tax exposure, business succession relief, and practical settlement steps such as the declaration of inheritance and bank notifications. Build a binder with identification documents, property deeds, account statements, policies, and contact details for your advisers.

Review regularly. Revisit your plan after life events such as marriage, divorce, birth, death, major purchases or sales, a move to or from the Netherlands, or law changes.

Important note. This guide provides general information and is not legal advice. Your situation may require tailored analysis under Dutch law and, if applicable, foreign law. For reliable advice, consult a qualified notary or lawyer who practices in estate planning in the Netherlands.