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De Erfenist
Pijnacker, Netherlands

1 person in their team
English
De Erfenist is a Netherlands-based estate planning and inheritance advisory practice led by Lonneke Mouthaan, a certified financial planner, estate planner and RegisterExecuteur. The practice focuses on helping individuals and families prepare, organize and settle estates, with particular attention...
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How succession planning works in Pijnacker

Succession planning in Pijnacker follows Dutch civil law and usually involves a civil-law notary, with a lawyer added for disputes or complex family and business matters. The notary prepares and executes wills, cohabitation agreements, marital conditions and powers of attorney.

For residents of Pijnacker, the practical starting points are the municipality of Pijnacker-Nootdorp, Dutch property records and the notarial records system. A plan may need to address a family home, jointly owned assets, children from earlier relationships, a business, or assets in another country.

A will does not need to be made in Pijnacker. It can be prepared by any Dutch civil-law notary, although local knowledge can make meetings and document checks easier. A lawyer may review the wider family, tax or cross-border consequences before the notary signs the deed.

When you may need a succession lawyer

  • Blended families: A lawyer can explain the position of a surviving spouse, stepchildren and children from an earlier relationship under Dutch inheritance law.
  • Property in Pijnacker-Nootdorp: Advice may be needed when spouses or partners own a home together, have unequal contributions, or want a different outcome for the property.
  • Unmarried cohabitation: Cohabiting partners do not automatically inherit from each other. A will and cohabitation agreement may both be necessary.
  • Business ownership: A Pijnacker entrepreneur may need succession arrangements for shares, partnership interests, company loans and continuity after death.
  • Cross-border families: Dutch residents with relatives, property or nationality connections abroad may need advice on applicable law and possible inheritance tax in more than one country.
  • Family disagreement or incapacity: A lawyer can advise on testamentary disputes, an executor's conduct, or a levenstestament and financial authority for later incapacity.

Dutch laws that govern succession planning

Book 4 of the Dutch Civil Code (Burgerlijk Wetboek, Boek 4) contains Dutch inheritance law, including statutory succession, wills, testamentary provisions, the executor's role and the reserved share for certain children. The current Book 4 took effect on 1 January 2003.

The Inheritance Tax Act 1956 (Successiewet 1956) governs inheritance tax and gift tax. Tax treatment depends on factors such as the relationship between the parties, the value transferred and applicable exemptions.

The Notaries Act (Wet op het notarisambt) regulates the Dutch civil-law notarial profession and notarial practice. A Dutch will generally must be made by notarial deed, or in limited circumstances as a secret will, rather than by an ordinary signed document at home.

Frequently asked questions

Do I need a lawyer to make a will in Pijnacker?

Usually, a civil-law notary prepares and executes a Dutch will. A lawyer is not legally required, but can be useful where there is a family dispute, business interest, international element or concern about undue influence.

What is the difference between a lawyer and a civil-law notary?

A civil-law notary prepares authentic deeds and handles many uncontested succession arrangements. A lawyer provides broader legal advice and represents a client in negotiations or court proceedings, including inheritance disputes.

Can unmarried partners in Pijnacker inherit from each other automatically?

No. Unmarried partners generally do not automatically inherit from each other under the statutory rules. They commonly need a will, and a cohabitation agreement may regulate ownership, household expenses and the home.

Does marriage automatically determine who inherits?

Marriage affects the statutory inheritance position, but it may not produce the outcome a family wants. A will can be important for children from earlier relationships, specific gifts, business interests and charitable bequests.

What is a levenstestament?

A levenstestament is a Dutch power-of-attorney and personal instruction document for situations where someone is alive but cannot manage affairs. It is different from a will, which operates after death.

How long does it take to prepare a will?

A straightforward will may be completed after an initial meeting, document review and a draft. Complex family, business or international arrangements commonly take several weeks, especially when tax or ownership information is incomplete.

How much does succession planning cost?

There is no single national price for all advice. A notary usually quotes for a will or related deed, while a lawyer may charge hourly or offer a fixed fee for a defined task. Ask for the fee structure, VAT treatment and likely additional costs before engagement.

Can I use a will made outside the Netherlands?

Possibly, but its validity and effect should be checked under Dutch and potentially foreign law. A Dutch notary or succession lawyer can review the document, applicable-law rules and any registration issues before relying on it.

What happens if someone dies without a will?

The statutory inheritance rules apply, identifying the heirs and their shares. The result may differ substantially from the deceased person's wishes, particularly for cohabiting partners, stepfamilies and business owners.

Can children challenge a Dutch will?

Certain children may have a claim to a reserved monetary share, even if the will excludes them. A challenge based on incapacity, improper influence or a formal defect requires separate factual and legal analysis.

Does a Dutch will cover property in another country?

It may be relevant, but foreign property can trigger local succession rules, formalities and taxes. Cross-border advice should be obtained before assuming that one Dutch will resolves every issue.

Can a lawyer help after a death has already occurred?

Yes. A lawyer can advise heirs, an executor or beneficiaries about accepting or rejecting an inheritance, estate administration, creditor issues and disputes. Time-sensitive choices should be reviewed promptly, particularly where debts may exist.

Official resources for Pijnacker residents

  • Municipality of Pijnacker-Nootdorp: Provides civil-status services and official information about local registration, certificates and municipal procedures relevant to family circumstances.
  • Royal Dutch Association of Civil-law Notaries (Koninklijke Notariële Beroepsorganisatie, KNB): Provides public information about Dutch notaries, wills, levenstestamenten and the Central Wills Register.
  • Tax Administration (Belastingdienst): Provides official information about inheritance tax, gift tax, exemptions, declarations and payment obligations.

Steps to find and hire the right lawyer

  1. List the issues to be covered: Identify your family structure, relationship status, property, business interests, overseas assets and intended beneficiaries before contacting advisers.
  2. Decide whether you need a notary, a lawyer or both: Use a notary for deeds and execution, and consider a lawyer for disputes, complex advice, business succession or international questions.
  3. Shortlist local advisers: Search for lawyers serving Pijnacker-Nootdorp with succession, inheritance, family or cross-border expertise. Check professional registration, scope of work and language capability.
  4. Arrange an initial consultation: A first meeting commonly takes one to two weeks to arrange. Ask whether the adviser handles the full matter or will coordinate with a civil-law notary.
  5. Request a written cost estimate: Confirm hourly rates or fixed fees, VAT, notarial charges, registry costs, translation expenses and the expected range of total fees.
  6. Provide documents promptly: Gather identification, existing wills, marriage or cohabitation agreements, property details, company documents and relevant foreign records.
  7. Review and execute the documents: Check the draft carefully, resolve tax and family questions, then sign the required notarial deeds. Reconsider the plan after marriage, divorce, a birth, a death, a major move or a substantial asset change.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

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