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Enschede, Netherlands Attorneys in related practice areas.
Private Client law covers legal services for individuals and families rather than companies. In Enschede this area typically includes wills and succession, estate administration, inheritance tax, marital property and prenuptial agreements, cohabitation arrangements, powers of attorney and guardianship, elder law and incapacity planning, property-related matters for homeowners and tenants, and advice for expatriates with cross-border issues. Because the Netherlands combines civil law rules, notarial practice and tax rules, Private Client work often involves both lawyers and notaries working with local authorities and the Dutch tax authority to put practical arrangements in place for clients.
You may need a Private Client lawyer in Enschede in any of the following common situations -
- Drafting or updating a will that reflects your wishes and takes Dutch law into account.
- Administering an estate after someone dies - establishing heirs, transferring assets and dealing with liabilities and taxes.
- Resolving disputes between heirs, or contesting a will.
- Arranging lasting powers of attorney, guardianship or supervision if you may become incapacitated.
- Setting up or revising a prenup, marriage contract or cohabitation agreement to protect your assets and define financial responsibilities.
- Advising on cross-border issues - for example if you or your heirs live abroad, own foreign assets, or are an expat in Enschede.
- Protecting business assets and planning succession for family businesses.
- Obtaining advice about inheritance tax, gifts, and tax planning to reduce unintended tax burdens.
- Helping with property transactions that have legal or succession consequences - such as transfers into ownership, life interests or long-term care arrangements.
Key legal and practical features to know about Private Client work in Enschede and the Netherlands generally -
- Civil Code and Notarial Role - Many important transactions are shaped by the Dutch Civil Code (Burgerlijk Wetboek). Notaries play a central role for deeds, certain powers of attorney, and many property and family law documents. For example, transfers of real estate and many matrimonial property arrangements require notarial deeds to be effective.
- Succession Rules - Dutch inheritance law sets out statutory heirs and the order of succession. If there is no valid will, intestate succession rules determine who inherits. It is common practice to engage a notary to obtain a declaration of inheritance - a document that banks and institutions accept when settling the estate.
- Probate Practice - The Netherlands does not have a single formal probate court process like some jurisdictions. Estate administration is typically handled by an executor named in the will or by heirs, often with the assistance of a notary, and documentation such as a death certificate and a notarial statement of succession are used to deal with institutions.
- Reserved Shares and Compulsory Rights - Certain family members, notably descendants, have statutory protections and may have claims if they are unfairly disinherited. Specific compulsory-share rules can affect the distribution of an estate.
- Taxes - Inheritance and gift tax (erfbelasting and schenkbelasting) is administered by the Dutch Tax Authority (Belastingdienst). There are exemptions and rates that depend on the relationship between deceased and heir. Tax reporting and payment deadlines should be observed to avoid penalties.
- Powers of Attorney and Incapacity - You can arrange for someone to manage finances or personal care if you lose capacity. Notarial powers of attorney, or living wills and written arrangements, are common. For court-appointed guardianship or administration - such as curatorship or conservatorship - the kantonrechter (subdistrict judge) may be involved.
- Family Property Regimes - The default marital property regime and the effects of prenuptial or postnuptial agreements are governed by Dutch law. Couples can make written agreements - often notarial - to alter property regimes.
- Property Transfer and Registration - Real estate transfers require a notarial deed and registration at the Kadaster (land registry). Mortgages are normally registered and handled through notaries.
- Cross-Border Rules - EU instruments like the Succession Regulation and bilateral tax treaties can affect which law applies and how estates are taxed when assets or heirs are in multiple countries. Clients with foreign connections should get advice on choice-of-law issues and potential double-taxation relief.
Private Client law covers the legal work individuals need to manage personal legal affairs - drafting wills, planning for incapacity, administering estates, dealing with inheritance and gift tax, setting up family agreements, protecting vulnerable family members, and advising on property and succession issues. It is a mix of transactional, advisory and dispute resolution work tailored to personal circumstances.
You can make a will with a notary, which is the most common and recommended route because a notarial will is strong evidence and easily recognized by banks and authorities. Lawyers can advise on will content and strategy, especially where there are disputes, tax issues or cross-border elements. For some practical steps a simple written will might be possible but may be less reliable.
If there is no valid will, Dutch intestacy rules apply and statutory heirs inherit according to a fixed order. This process can create complications if family relations are complex or if assets are abroad. In practice a notary is usually engaged to prepare a declaration of succession and to help distribute assets and settle liabilities.
Inheritance tax must be reported to the Dutch Tax Authority. There are deadlines for filing an inheritance tax return - typically within a fixed period after the death - and there can be exemptions and different rates depending on your relation to the deceased. Because tax rules change and cross-border situations can create complexities, seek advice early to meet filing deadlines and consider planning to reduce tax where appropriate.
Yes. You can arrange powers of attorney and living arrangements to allow trusted people to manage your finances or personal care. Notarial documents are common and effective. If someone becomes incapacitated without arrangements in place, a court-appointed guardian or administrator may be required. It is prudent to prepare these documents in advance.
Couples can enter into prenuptial agreements (huwelijkse voorwaarden) or cohabitation contracts (samenlevingscontracten) to define the financial regime between them. Prenuptial agreements are typically executed before a notary to be valid. These agreements affect how assets are divided on divorce or death and can be important for protecting family businesses or inheritance intentions.
Expatriates should consider which national law governs succession, tax consequences in the Netherlands and abroad, and whether to use a will to select applicable law where permitted. The EU Succession Regulation and bilateral treaties may apply. Because of potential double taxation and choice-of-law issues, expats should speak with a lawyer experienced in international Private Client work.
Typically you will need the death certificate, the deceased's will if any, identity documents for heirs and executor, account statements and details of assets and liabilities, property deeds, and insurance and pension information. A notary or lawyer can provide a checklist and help assemble necessary papers for a declaration of succession and tax filings.
Many disputes are resolved through negotiation or mediation. If that fails, litigation before a civil court may be necessary. A Private Client lawyer can advise on likely outcomes, settlement options and costs, and represent you in court where needed. Early professional advice can reduce escalation and preserve family relationships where possible.
Costs vary depending on complexity and whether a notary, lawyer or both are required. Many firms offer initial consultations and provide fee estimates or fixed-fee services for standard matters like simple wills. Legal aid is available for certain low-income clients and certain types of family law or guardianship matters through the Legal Aid Board - eligibility depends on income and the legal issue. Always ask for clear fee information up front.
Useful types of local and national organizations to consult -
- Dutch Tax Authority - for inheritance and gift tax questions and filing requirements.
- Koninklijke Notariële Beroepsorganisatie - the professional body for notaries, for locating a notary and understanding notarial services.
- Nederlandse Orde van Advocaten - the Dutch Bar association, for finding a qualified lawyer and checking registration.
- Rechtspraak - the Dutch judiciary, for information about courts, guardianship and legal procedures.
- Raad voor Rechtsbijstand - the Legal Aid Board, for information on eligibility for subsidized legal help.
- Municipality of Enschede - for registering deaths, obtaining civil status records, and local services.
- Kadaster - land registry authority, for searches and official records of real estate ownership.
- Local legal clinics and expat advisory services - for initial orientation and practical support if you are new to the Netherlands.
If you need legal assistance with a Private Client matter in Enschede, consider these practical steps -
- Gather basic documents - identity papers, marriage certificate, wills, property deeds, bank and pension statements, and any existing powers of attorney.
- Make a short list of your objectives - for example: draft a will, arrange powers of attorney, administer an estate, or resolve a dispute. Clear objectives help your adviser give focused advice.
- Choose the right professional - for deeds and certain formal acts engage a notary - for disputes, tax planning, or complex cross-border issues choose a lawyer with relevant Private Client experience. Many matters involve both a notary and a lawyer.
- Check credentials - ask whether the adviser is registered with the relevant professional body, their experience with similar cases, their language skills if you are an expat, and how fees are charged.
- Ask for an initial meeting - many firms offer an introductory consultation to assess the case and explain next steps and costs. Prepare questions in advance.
- Act on urgent tasks - for example, if a loved one has just died, securing bank access, notifying the municipality and arranging for a declaration of succession are early practical steps where a notary or lawyer can help quickly.
- Consider mediation before litigation - for family disputes mediation can save time, costs and relationships.
If you are unsure where to start, contact a local law firm or notary in Enschede for an initial discussion. They can explain the specific Dutch and local procedures that apply to your situation and help you make a practical plan tailored to your needs.
