Best Private Client Lawyers in Delft

About Private Client Law in Delft, Netherlands

Private client law covers legal matters that affect private individuals and families - for example wills and inheritance, estate administration, family law, powers of attorney, elder law, taxation for private estates, and property issues. In Delft, as elsewhere in the Netherlands, private client matters are governed primarily by Dutch civil law and often involve both lawyers and notaries. Notaries play a central role in drawing up and registering certain documents, such as wills, powers of attorney, and property transfers. Legal advice is commonly sought to plan estates, manage succession, resolve family disputes, or handle cross-border complications for residents, expatriates, and people with assets in multiple countries.

Why You May Need a Lawyer

People seek private client lawyers for many practical reasons:

- Drafting or updating a valid will that reflects current wishes and complies with Dutch formalities.

- Estate planning to reduce tax burdens, protect assets, or make provision for minor children or vulnerable relatives.

- Administering an estate after someone dies - identifying heirs, valuing assets, paying debts and taxes, and distributing the estate.

- Resolving inheritance disputes between heirs, including contests over validity of wills and claims for a reserved portion.

- Preparing prenuptial or cohabitation agreements and advising on matrimonial property regimes.

- Setting up powers of attorney or a living will (levenstestament) to manage financial, administrative, or medical decisions if you become incapacitated.

- Handling cross-border succession or property matters when you, the deceased, or assets are in more than one country.

- Advising on inheritance tax and other fiscal consequences for private individuals and families.

Local Laws Overview

Key legal features relevant to private clients in Delft and the Netherlands include:

- Dutch Civil Code - succession and family law rules are found in the Burgerlijk Wetboek. These rules set out statutory succession, requirements for valid wills, and rules about legal capacity and guardianship.

- Reserved portion - certain close relatives, especially children, have protections under Dutch law if excluded from a will. This is commonly called the legitieme portie or reserved portion, and it can give rise to claims even where a will seeks to disinherit.

- Notary involvement - many formal acts must be handled by a civil-law notary. Wills, property transfers, and some powers of attorney are typically executed through a notary who registers deeds and records at the land registry - Kadaster - or other official registers.

- Matrimonial property regimes - since 1 January 2018 the default regime for marriages changed; property acquired before marriage usually remains separate unless spouses opted otherwise. Cohabiting partners need their own contracts to create property protection.

- Inheritance tax - the Netherlands levies inheritance tax on transfers by death. Rates and exemptions depend on the relationship between the deceased and the heir and the value of the inheritance. Tax rules can change, and reliefs may exist for spouses and certain close relatives.

- Probate and estate administration - estates are usually administered by heirs or an appointed executor. Formal probate court involvement is less common than in some other systems, but legal and fiscal obligations remain and must be observed, including filings with the tax authorities.

- Cross-border rules - EU succession regulation and bilateral treaties can affect jurisdiction and applicable law, so international elements require specialist advice.

Frequently Asked Questions

How do I make a valid will in the Netherlands?

To make a valid Dutch will you normally need to use a civil-law notary who records the will in a notarial deed. The notary ensures formal requirements are met and registers the will so it can be found after death. Simple testamentary arrangements without a notary are risky, so most people in Delft use a notary or a lawyer experienced with wills.

Can I disinherit my children or other close relatives?

Complete disinheritance is difficult in the Netherlands because certain close relatives have rights to a reserved portion. You can limit an inheritance by drafting clear testamentary provisions, lifetime gifts with restrictions, or contractual arrangements, but heirs with a legitimate claim may still be entitled to compensation. Consult a lawyer to understand how the reserved portion could apply to your plans.

Do I need a lawyer if I have a notary drafting my will?

Notaries advise on formal validity and register the will, but you may still want a lawyer for complex legal strategy - for example tax planning, contest risk assessment, cross-border succession, or estate disputes. Lawyers can litigate or mediate disputes and provide broader legal advice that complements the notary's role.

What happens if someone dies without a will in the Netherlands?

If there is no will, statutory succession rules apply and the estate passes to relatives according to the Civil Code - typically spouse and children first, then parents and siblings. The precise order and shares depend on family composition. It is advisable to confirm the situation with a lawyer and to take proper steps to administer the estate and inform the tax authorities.

How is inheritance tax handled?

Inheritance tax is payable on assets received by heirs. Rates and exemptions depend on the relationship to the deceased and the value of the inheritance. Spouses and registered partners often benefit from more favourable exemptions. Tax returns must be filed with the Dutch tax authority. Because thresholds and rules change, seek up-to-date advice from a tax specialist or lawyer.

What is a levenstestament and should I have one?

A levenstestament, often translated as a living will or durable power of attorney, lets you appoint someone to manage your financial and/or personal affairs if you become incapacitated. It can include instructions for medical decisions or financial management. It is an important document for elder planning and is commonly drafted with a notary or lawyer to ensure clarity and enforceability.

How are property and home transfers handled in Delft?

Real estate transfers must be executed by a civil-law notary and recorded at the Kadaster. If you own property jointly or are separating, matrimonial property regime and co-ownership rules will determine rights and obligations. A lawyer can advise on purchase agreements, transfer consequences, co-ownership disputes, and tax implications.

What should I bring to my first meeting with a private client lawyer?

Bring identification, marital status documents, family tree or list of heirs, copies of any wills or powers of attorney, recent bank statements and asset lists, property deeds, and any tax or mortgage information. Also prepare a written summary of your goals and questions to make the first meeting efficient.

How much does private client legal help cost in Delft?

Costs vary - lawyers may charge hourly rates, fixed fees for specific services, or a combination. Notary fees are separate and set by the notary. If you have low income you may qualify for subsidised legal aid or use a legal expenses insurance policy. Always ask the lawyer for a fee estimate and fee agreement at the outset.

What if an inheritance dispute arises - should I sue or try mediation?

Mediation is often a faster, less costly route to resolve family disputes and preserve relationships. A private client lawyer can advise whether mediation is suitable and represent you in negotiations. Litigation is sometimes necessary where rights are contested or urgent measures are needed. Your lawyer will explain the risks, likely outcomes, and costs of each path.

Additional Resources

Rijksoverheid - central government information on inheritance, family law, and public legal requirements.

Belastingdienst - Dutch tax authority for information on inheritance tax, tax returns for estates, and exemptions.

Kadaster - land registry authority that records property ownership and transfers within the Netherlands.

Koninklijke Notariële Beroepsorganisatie - the professional organisation for Dutch notaries, useful for finding registered notaries and understanding notarial services.

Nederlandse Orde van Advocaten - Dutch Bar, for information about practising lawyers and professional standards.

Juridisch Loket - a national service that provides free basic legal information and can point you to local help.

Raad voor Rechtsbijstand - the Legal Aid Board, which administers subsidised legal aid for eligible people.

Municipality of Delft - for local civil registry matters, marriage and partnership registration, and municipal services that may affect family and inheritance formalities.

Next Steps

1. Clarify your immediate goal - are you planning your estate, resolving an existing dispute, or administering a recent estate? Clear objectives make initial advice more effective.

2. Gather key documents - identification, family and marriage records, existing wills, property deeds, recent bank and investment statements, insurance policies, and any prior legal agreements.

3. Check whether you qualify for legal aid or have legal expenses insurance that covers private client matters.

4. Shortlist professionals - consider both a notary for formal deeds and a private client lawyer for legal strategy or disputes. Ask about experience with inheritance law, cross-border cases, and family disputes.

5. Book an initial consultation - use it to discuss goals, get a fee estimate, and understand the proposed next steps. Prepare questions in advance.

6. Decide on an engagement - confirm the fee arrangement in writing and agree the scope of work. Keep clear records of instructions, agreements, and important documents as the matter proceeds.

If you are unsure where to start, consider contacting the Juridisch Loket or your municipality for basic guidance, then arrange a meeting with a Delft-based private client lawyer or notary who can provide personalised, up-to-date advice.