Best Trusts Lawyers in Rijswijk

About Trusts Law in Rijswijk, Netherlands

Trusts, as a legal concept, differ in the Netherlands compared to common law countries such as the United Kingdom or the United States. In Dutch law, including in Rijswijk, the classic Anglo-Saxon trust structure does not exist in the same form. Instead, the Netherlands offers alternative legal arrangements and mechanisms to help individuals and families manage assets, provide for succession, or safeguard wealth. These may include foundations (stichtingen), associations (verenigingen), notarial deeds, or specific contractual arrangements. Understanding the unique characteristics of Dutch property and estate law is essential for anyone considering setting up a trust-like structure in Rijswijk.

Why You May Need a Lawyer

Seeking legal assistance with trusts and similar arrangements in Rijswijk is important due to the complexities of Dutch law. Common situations where a lawyer may be necessary include:

• Managing assets for minors, incapacitated persons, or family members with special needs
• Succession planning and ensuring the smooth transfer of assets
• Setting up charitable or family foundations
• Protecting personal or business assets from potential creditors
• Understanding cross-border inheritance issues if you have international connections
• Complying with Dutch tax laws, reporting requirements, and potential international obligations
• Drafting and negotiating legal documents that reflect your wishes within Dutch law
• Navigating disputes regarding inheritance or management of assets

Because Dutch law can be strict and quite different from other systems, professional legal advice ensures you meet regulatory requirements and your intentions are respected.

Local Laws Overview

In Rijswijk, as in the rest of the Netherlands, several key laws apply to the organization of assets and succession:

• The Dutch Civil Code (Burgerlijk Wetboek) forms the foundation for inheritance, property, and contractual law.
• The establishment of a “stichting” (foundation) is a common alternative to trusts, particularly for asset management and charitable purposes.
• You can structure certain “bewind” (trusteeship) arrangements under Dutch law, where an appointed person manages assets for the benefit of others, but ownership remains with the original owner or heirs.
• Inheritance law in the Netherlands has strict forced heirship rules (“legitieme portie”), which means certain relatives have a right to a set portion of the estate.
• International aspects: Special rules may apply for residents with assets abroad or foreign nationals living in Rijswijk, especially under the EU Succession Regulation.

Dutch law does not currently allow for the establishment of trusts in the way they are recognized in common law countries. However, Dutch notaries and lawyers can help structure arrangements that meet your objectives using available legal forms.

Frequently Asked Questions

What is the Dutch equivalent of a trust?

In the Netherlands, foundations (“stichtingen”) or agreements involving asset management by a third party (“bewind”) are often used for purposes similar to a trust.

Can I set up a common law trust in Rijswijk?

No, the classic common law trust does not exist under Dutch law. However, alternative legal mechanisms can be employed to achieve similar outcomes.

How does inheritance law affect asset planning in Rijswijk?

Dutch inheritance law includes forced heirship, meaning children and spouses are entitled to a legal share of an estate regardless of the will’s provisions.

What is a “stichting” and how is it used?

A stichting is a Dutch foundation that can hold assets independently and is governed by a board. It does not have owners or profit distribution, making it suitable for managing family or charitable assets.

How can I ensure my international assets are covered?

Cross-border estate planning often requires the coordination of Dutch law and the laws of other countries, and may be subject to the EU Succession Regulation. Legal advice is necessary for effective planning.

What are the tax implications of setting up a foundation?

Foundations may be subject to Dutch taxes depending on their activities and structure. Tax planning with legal assistance is recommended to ensure compliance and efficiency.

Can foreigners set up trusts or foundations in Rijswijk?

Foreigners may establish foundations or enter into asset management agreements under Dutch law, subject to specific legal requirements and potential international considerations.

Who can manage a foundation or be appointed as a trustee?

The board of a Dutch foundation manages its affairs. For other asset management arrangements, a trusted individual or professional may act as the manager (“bewindvoerder”), subject to legal requirements.

What is the role of a notary in trusts and asset planning?

Dutch notaries draft and execute notarial deeds, including the establishment of foundations or asset management agreements, ensuring their legality and enforceability.

How do I resolve disputes regarding asset management or inheritance?

Disputes can be settled through negotiation, mediation, or legal proceedings in Dutch courts. Engaging a lawyer experienced in inheritance and property law in Rijswijk is recommended.

Additional Resources

If you need more information, the following organizations and resources can be helpful:

• The Dutch Bar Association (Nederlandse Orde van Advocaten) for finding licensed lawyers
• Kadaster for property and asset records
• Belastingdienst (Dutch Tax Authority) for tax information related to asset management and inheritance
• Council for Notaries (Koninklijke Notariële Beroepsorganisatie) for information on notarial services and foundations
• Municipality of Rijswijk for local guidance and referrals to legal aid services

Next Steps

If you are considering creating a trust-like structure, managing assets, or planning your estate in Rijswijk, it is advisable to consult a local lawyer or notary with expertise in Dutch inheritance and property law. Begin by outlining your objectives and gathering all relevant information about your assets, family situation, and, if applicable, international connections. Schedule a consultation with a qualified legal professional in Rijswijk who can advise on the best approach under Dutch law, assist with drafting and executing legal documents, and ensure all tax and regulatory obligations are met. Taking early action can help prevent future disputes and provide peace of mind for you and your loved ones.