Best Trusts Lawyers in Kampen

About Trusts Law in Kampen, Netherlands

Trusts, as known in some common law countries like the United Kingdom and the United States, do not exist in the same way under Dutch law, including in Kampen. The Netherlands follows a civil law system where the concept of a trust is not recognized as a separate legal entity. However, Dutch law offers similar arrangements, such as foundations (stichting), funds (fonds), and testamentary trusts through wills. These are sometimes used for asset management, estate planning, charitable purposes, or inheritance arrangements. Kampen, as part of the Netherlands, follows national regulations for these structures, and legal advice is essential when considering asset protection or managing inheritances.

Why You May Need a Lawyer

People in Kampen often require legal assistance with trusts or similar arrangements for various reasons. Common situations include:

• Inheritance planning, especially for distributing assets among heirs
• Setting up a foundation or fund for charitable or family purposes
• International estate planning where foreign trusts are involved
• Asset protection strategies for families or businesses
• Managing cross-border assets or beneficiaries
• Interpreting provisions in wills that resemble trust functions
• Ensuring compliance with Dutch tax and inheritance laws
• Disputes between heirs or beneficiaries

A local lawyer can help navigate Dutch civil law, provide advice on alternatives to trusts, prepare the required legal documentation, and represent you in court if needed.

Local Laws Overview

Trusts in the classic sense are not part of Dutch law. Instead, the following are particularly relevant for residents in Kampen:

• Foundations (Stichtingen) - Legal entities that manage and administer assets for a specific purpose, often used for charitable purposes or holding family assets.
• Testamentary Arrangements - Wills can establish administrative powers for executors, somewhat similar to a trust's operation after death.
• Fonds - Investment and family funds are used for pooling assets, subject to national regulations.
• Recognition of Foreign Trusts - Dutch law recognizes foreign trusts in some cases due to international treaties (such as The Hague Trust Convention), but their tax and legal treatment is specific.
• Inheritance Law - Strict rules exist for the division of estates, including legal shares for children and spouses.

When dealing with trusts or equivalent structures in Kampen, it is important to understand national inheritance, tax, and notarial laws.

Frequently Asked Questions

Can I set up a traditional trust in Kampen?

No, traditional common law trusts are not recognized in Dutch law. However, you can achieve similar goals with a foundation (stichting) or other legal structures.

How does inheritance work without trusts in the Netherlands?

Inheritance is governed by statutory rules. Heirs (spouses, children) receive predetermined shares, though wills can specify some conditions or name executors.

Are foreign trusts recognized in Kampen, Netherlands?

Dutch law may recognize foreign trusts in certain cross-border situations due to international agreements, but their treatment for tax and inheritance purposes involves specific rules.

What are the alternatives to trusts in the Netherlands?

Alternatives include foundations, investment funds, special will provisions, and partnerships, depending on your asset management or estate planning objectives.

How is a foundation (stichting) set up in Kampen?

A foundation is created by notarial deed and must be registered with the Dutch Chamber of Commerce. It requires a board and articles of association.

Who can serve as executor of my estate?

You can appoint any competent adult as executor (“executeur”) in your will, including lawyers or notaries, to manage the estate after your death.

Will my assets be protected in a foundation?

Assets owned by a foundation are separate from personal assets, which can provide some protection, but they must be managed for the foundation’s stated purpose.

Do I need a notary for a will or foundation?

Yes, Dutch law requires a notarial deed for creating a foundation or a valid will. Only a licensed notary can prepare these documents.

Can I control how my assets are used after death?

You can specify conditions and instructions in your will or foundation articles, though statutory entitlements for children (“legitieme portie”) limit total freedom.

What are the tax implications of using a foundation or foreign trust?

Foundations and foreign trusts may be subject to Dutch gift, inheritance, and income taxes, depending on the assets and beneficiaries. Legal advice is necessary to plan effectively.

Additional Resources

For further information and support concerning trusts, estate planning, and related matters in Kampen or the Netherlands, consider contacting:

• Kamer van Koophandel (Chamber of Commerce) - For registration and legal information about foundations.
• Koninklijke Notariële Beroepsorganisatie (Royal Dutch Association of Civil-law Notaries) - To find local notaries specialized in estate planning.
• Belastingdienst (Dutch Tax Authority) - For information on tax obligations related to foundations and inheritances.
• De Rechtspraak (Dutch Judiciary) - For guidance on inheritance disputes and court proceedings.
• Legal aid organizations or local law firms - For people who need legal representation or advice, especially in complex or cross-border matters.

Next Steps

If you need legal assistance with trusts or related matters in Kampen, consider the following steps:

1. Identify your goals, such as estate protection, charitable giving, or inheritance planning.
2. Gather information about your assets, beneficiaries, and any international connections.
3. Contact a local notary or lawyer with expertise in Dutch inheritance law, foundations, and cross-border estate matters.
4. Prepare to discuss your personal situation, wishes, and any existing foreign trusts or arrangements.
5. Ensure that all documents are executed in accordance with Dutch legal requirements.
6. Stay informed about changes to Dutch philanthropic, inheritance, and tax law that may impact your arrangements.

Taking professional legal advice is essential to ensure your wishes are carried out effectively and in compliance with local laws in Kampen, Netherlands.