Best Will & Testament Lawyers in Beilen

About Will & Testament Law in Beilen, Netherlands

Beilen is part of the municipality of Midden-Drenthe, so wills and inheritance matters are governed by Dutch national law. In the Netherlands, a will is typically made before a civil-law notary, called a notaris, who drafts and executes the deed. Most wills are registered in the Central Register of Wills, called Centraal Testamentenregister, so that after a person dies, a notary can verify whether a will exists. Dutch inheritance law combines freedom of testation with protections for close family, and it provides practical procedures for settling an estate, paying debts, transferring property, and filing inheritance tax.

Making and settling a will in the Netherlands is formal, structured, and designed to reduce disputes. If you live in Beilen or have assets here, a local notary can help you prepare a will that fits your family, business, and tax situation. If a disagreement arises, a lawyer can represent you before the Dutch courts that serve the Beilen region.

Why You May Need a Lawyer

In the Netherlands, you sign your will before a civil-law notary, and many people can handle routine estate planning entirely with a notary. You may also need a lawyer in situations that involve legal strategy, negotiations, or litigation. Common reasons to seek professional help include blended families and second marriages where you want to balance the interests of your spouse or partner and children, cross-border estates where you or your heirs have another nationality, live abroad, or own foreign property, business succession planning for owners of a sole proprietorship, partnership, or BV shares, protecting vulnerable beneficiaries through administration clauses or trusts used in an international context, disinheritance and forced share questions, which require careful drafting and expectation management, disputes among heirs about valuation, debts, administration, or sale of property, guardianship for minor children and coordination with life insurance and pensions, real estate transfers that must be recorded with the Dutch Land Registry, and tax planning to manage inheritance tax and align gifts and wills over time.

A notary is required to execute most Dutch wills. A lawyer becomes especially useful if a dispute escalates, if court approval is needed, or if you need an independent advocate separate from the neutral notary. Many people in Beilen work with both a notary and a lawyer to cover drafting, tax, and any contentious issues.

Local Laws Overview

Form of will. The standard Dutch will is a notarial deed signed before a civil-law notary. A handwritten will can only be used in a special deposited form, which still requires a notary to draw up a deed of deposit. Electronic wills are not recognized. You must be at least 16 years old to make a will. Your will is usually registered in the Central Register of Wills, which does not store the will itself but records that one exists and which notary holds it.

Intestacy. If there is no will, Dutch statutory rules apply. The surviving spouse or registered partner and the children inherit under the statutory division. The spouse or partner receives the estate to manage and use, and the children receive a claim to their shares that is usually payable later. Unmarried partners without a registered partnership or a well drafted cohabitation agreement do not automatically inherit.

Forced share for children. Children have a limited forced share called legitime. It is a financial claim, not a right to specific assets, and they must actively claim it. The forced share limits full disinheritance of children and requires careful planning and communication.

Executors and administration. You can appoint an executor in your will to handle practical tasks, pay debts, and distribute assets. You can give broader powers for settlement if needed. Without an executor, heirs manage the estate together.

Heir choices. After death, each heir may accept the estate purely, accept with the benefit of inventory so personal assets are protected from estate debts, or renounce. Acceptance with benefit of inventory involves formal steps and orderly liquidation if required.

Marital property. The composition of the estate depends on the marital property regime. Since 2018, the default is a limited community of property, so premarital assets and gifts or inheritances usually remain private. Couples married before 2018 without a prenuptial agreement often have full community. Review your marital agreements when planning.

Real estate. Transfers of Dutch real estate require a notarial deed of transfer and registration at the Dutch Land Registry called Kadaster. An estate settlement often starts with a notarial declaration of succession, called verklaring van erfrecht, to deal with banks and property.

Tax. The Netherlands levies inheritance tax, called erfbelasting. Rates and exemptions depend on the relationship to the deceased and the amount inherited. The tax return is usually due within eight months of death, and interest can be charged after that period. Income tax and property tax positions may also change for heirs.

International rules. If you have connections to more than one country, the European Succession Regulation may apply. As a default, the law of the country of habitual residence at death applies, but you can choose the law of your nationality in your will. This can be crucial for people in Beilen with cross-border families or assets.

Local administration. Deaths are registered with the municipality of Midden-Drenthe to obtain a death certificate. For disputes, the competent court is in the district court of Northern Netherlands, which has a location in Assen. Notaries in and around Beilen handle most non-contentious estate work.

Frequently Asked Questions

Do I need a notary to make a valid will in the Netherlands

Yes, the standard Dutch will is a notarial deed signed before a civil-law notary. The notary ensures that formalities are met, explains the implications, and registers the existence of your will in the Central Register of Wills. This protects against uncertainty and reduces disputes.

Can I handwrite my own will

A fully handwritten will can only take effect in the Netherlands if it is deposited with a notary through a deed of deposit. A simple handwritten note kept at home is not enough. If you want to appoint an executor, exclude statutory rules, or make complex arrangements, use a notarial will.

How do we check whether a deceased person left a will

A notary can query the Central Register of Wills after the death is registered. The register shows whether a will exists and which notary holds it. The notary then obtains the will and advises the heirs about next steps.

What happens if there is no will

Statutory inheritance rules apply. The surviving spouse or registered partner and the children inherit. Under the statutory division, the spouse or partner receives the estate to manage and use, and the children get a claim for their shares, typically payable on specific events such as the spouse or partner passing away. If there is no spouse or partner and no children, parents, siblings, and more distant relatives may inherit according to the law.

Can I disinherit a child and what is the forced share

You can restrict a child’s inheritance in a will, but Dutch law protects children through a forced share, called legitime. The forced share is a monetary claim equal to a fraction of the estate that must be calculated by the notary. It does not entitle the child to specific assets. A child must actively claim the forced share within the legal period. Proper drafting can manage expectations and reduce conflict.

What choices do heirs have when an estate has debts

Each heir can accept purely, accept with the benefit of inventory, or renounce. Accepting with the benefit of inventory separates the estate from personal assets so private funds are not used to pay estate debts. This option follows formal procedures and may lead to an orderly liquidation if needed. Seek notarial or legal advice before deciding.

Do unmarried partners inherit automatically

Only a spouse or a registered partner inherits automatically under Dutch law. An unmarried partner without a registered partnership does not inherit unless provided for in a will. A carefully drafted will and a cohabitation agreement can protect an unmarried partner in Beilen.

How are foreign assets handled and can I choose which law applies

International estates are influenced by the European Succession Regulation. As a default, the law of the country of your habitual residence at death applies to your worldwide estate, with some exceptions. You can choose the law of your nationality in your will. If you own property abroad, local formalities may still apply to transfers. Coordinate your Dutch will with foreign advisors.

What is a verklaring van erfrecht and when do I need it

A verklaring van erfrecht is a notarial declaration of succession confirming who the heirs are, who may act for the estate, and whether there is an executor. Banks and the Land Registry typically require it to release funds or register property. The notary prepares it after reviewing the will, the register, and the civil records.

When is inheritance tax due and how much will we pay

Inheritance tax is due by heirs and legatees based on their relationship to the deceased and the value received. The Dutch Tax and Customs Administration sets rates and annual exemptions for spouses or partners, children, grandchildren, and others. The return is usually filed within eight months after death, and interest can apply after that. A notary or tax advisor can estimate the tax and help with the return.

Additional Resources

Royal Dutch Association of Civil-law Notaries, called Koninklijke Notariële Beroepsorganisatie, which maintains the Central Register of Wills and a public notary directory.

Centraal Testamentenregister, the Central Register of Wills that records the existence of Dutch wills and deeds of deposit. Queries are made after death through a notary.

Belastingdienst, the Dutch Tax and Customs Administration, for inheritance tax information, returns, and assessments.

Kadaster, the Dutch Land Registry, for information about registration of real estate transfers in an estate.

Rechtbank Noord-Nederland, the district court that serves the Beilen region, for inheritance disputes and court procedures.

Gemeente Midden-Drenthe, Civil Affairs department, called Burgerzaken, for death registration and civil records needed for estate procedures.

Het Juridisch Loket, the Dutch Legal Helpdesk, for initial legal information and eligibility for legal aid.

Raad voor Rechtsbijstand, the Legal Aid Board, for information about funded legal assistance if you qualify.

European e-Justice Portal, for guidance on cross-border succession under the European Succession Regulation.

Next Steps

Clarify your goals. Decide whom you want to protect, who should administer your estate, and how to handle your home, business, savings, and sentimental items. If you have minor children, decide on guardianship and interim care. If you have cross-border ties, decide whether to choose the law of your nationality.

Gather documents. Collect identification, marriage or partnership papers, prenuptial or cohabitation agreements, a family tree, property deeds, mortgage statements, business documents, life insurance policies, and a list of assets and debts. This preparation helps the notary give precise advice.

Consult a notary in or near Beilen. Ask for an intake to discuss options, fees, and timing. The notary can draft your will, appoint an executor, include administration or guardianship clauses, and register the will in the Central Register of Wills. If you anticipate conflict or have complex cross-border or tax issues, involve a lawyer and a tax advisor early.

Review and sign. Read the draft carefully, discuss any forced share implications and partner protections, then sign the deed before the notary. Keep the notary’s details with your important papers and inform your executor where documents are stored.

Coordinate your plan. Align your will with beneficiary designations on life insurance and pensions, bank account arrangements, business succession documents, and any gifts you plan to make. Update your plan after major life events such as marriage, divorce, birth, death, a move abroad, or buying or selling real estate.

After a death. Register the death with the municipality to obtain a death certificate, ask a notary to check the Central Register of Wills, decide on acceptance or renunciation, arrange a verklaring van erfrecht, notify banks and insurers, handle debts and tax filings, and record any real estate changes with the Land Registry. Seek professional help promptly if disputes or debts arise.

This guide is for general information. For advice on your specific situation in Beilen, consult a civil-law notary and, if needed, a lawyer who is experienced in Dutch inheritance law.