Best Will & Testament Lawyers in Delft

About Will & Testament Law in Delft, Netherlands

Wills and testamentary matters in the Netherlands are governed by Dutch succession law - frequently called erfrecht - which is part of the Dutch Civil Code. In Delft the practical handling of wills is carried out by civil-law notaries - notaris - who prepare, store and register most wills, and by lawyers - advocaat - when disputes or court proceedings arise. The usual notarial will sets out who inherits, any legacies, and who will carry out the estate administration. If there is no valid will, statutory rules determine who inherits. Because inheritance can involve taxes, property, business interests and family-law consequences, it is common to seek professional guidance to make sure your testament matches your intentions and is valid under Dutch law.

Why You May Need a Lawyer

You should consider expert legal help in the following common situations:

- You have a complex family situation, for example second marriages, blended families, dependent children from different relationships, or adopted children.

- You want to exclude or limit the statutory heirs, or there is potential conflict about inheritance shares.

- You have assets in more than one country, or you and your heirs live abroad. International succession rules - including the EU Succession Regulation - can affect which law applies and how assets pass.

- You own a business or shares where succession raises continuity issues and tax consequences.

- You need help with estate administration after a death, or an heir disputes the will and you require litigation.

- You want sophisticated tax planning to reduce inheritance tax, or you require advice about marital property regimes and prenuptial agreements that affect succession.

- You need an impartial notary to draft a clear, legally valid will and to register it so it can be found after death.

Local Laws Overview

Key aspects of Dutch law relevant to drafting and executing wills in Delft include the following points:

- Forms of wills - The most common and recommended form is a notarial will prepared by a civil-law notary. There are limited alternative forms, but they have strict requirements and limited practical use. A notarial will is kept in safe custody and registered.

- Statutory succession - If you die intestate - without a valid will - the statutory rules determine who inherits. Typically spouse or registered partner and children rank first, followed by parents and other relatives.

- Compulsory portion - Close relatives, particularly children and in some cases the surviving spouse, have a protected interest that cannot be completely ignored. A testamentary disposition that tries to eliminate this compulsory portion can be challenged.

- Marital property regime - The marital property regime you and your spouse agreed to - community of property, limited community, or prenuptial agreement - affects what forms part of the estate and how much each partner inherits.

- Declaration of inheritance - A notary can issue a verklaring van erfrecht - a legal document that identifies heirs and who is authorized to manage the estate. Financial institutions and registries commonly request this document.

- Inheritance tax - Estates may be subject to inheritance tax - erfbelasting - payable to the Dutch tax authority - Belastingdienst. Rates and exemptions depend on the relationship between the deceased and the heir and on the taxable value of the inheritance.

- International rules - The EU Succession Regulation (Brussels IV) applies between participating EU states and allows a testator to choose national law to govern their succession. Cross-border estates often require coordination between notaries and lawyers in different jurisdictions.

- Registration and retrieval - Notarial wills are registered so they can be found after death. It is important to ensure your will is properly recorded and that key persons know how to locate your notary in Delft.

Frequently Asked Questions

Who can make a valid Will & Testament in the Netherlands?

Almost any adult with legal capacity can make a will. You must have the mental capacity to understand the nature and effects of the will when you sign. Most people use a civil-law notary to draft and execute a will to ensure it meets legal formalities and is registered.

How do I make a legally valid will in Delft?

The most reliable method is to make a notarial will with a notary in Delft. The notary records your wishes, explains legal consequences, and stores and registers the will. There are other, limited forms of wills under Dutch law, but they are less practical and carry more risk.

Can I disinherit my children or spouse?

You can try to limit or reduce an inheritance for certain people by testamentary dispositions, but Dutch law protects close relatives via a compulsory portion. Completely disinheriting a child or spouse may be legally challenged and could be unsuccessful in practice. Seek professional advice before attempting to disinherit.

What happens if I die without a will?

If you die intestate, statutory succession rules determine the heirs and their shares. Typically a surviving spouse or registered partner and children inherit first. If no close relatives exist, more distant family members may inherit. Administration will proceed according to the law and a notary can help identify heirs and issue a declaration of inheritance.

What is a verklaring van erfrecht - declaration of inheritance?

This is a notarial document that certifies who the heirs are and who may act on behalf of the estate. Banks, insurers and other institutions commonly require this declaration before releasing funds, transferring property or closing accounts.

Do I need to pay inheritance tax?

Inheritance tax may apply to assets received on death. Tax amounts and exemptions depend on the heir-decedent relationship and the value of the inheritance. Rates and thresholds change over time, so confirm current rules with a notary or the tax authority when planning.

Can foreigners make a Dutch will or leave property in the Netherlands?

Yes. Non-residents may own property in the Netherlands and may make a Dutch will. International rules may apply, and under the EU Succession Regulation you can choose which national law governs your succession in certain cases. If you own assets in multiple countries, seek advice about coordinating wills and applicable laws.

Who should I appoint as executor or administrator?

You can appoint an executeur or administrator in your will to manage estate tasks. Often people appoint a trusted family member, friend, professional executor, or the notary. Consider the complexity of the estate and potential conflicts when choosing who should act.

How do prenuptial or partnership agreements affect my will?

Marital property regimes and registered partnership agreements determine which assets belong to the joint estate and which remain separate. These rules influence what you can leave in your will and how much will pass to your spouse or other heirs. Review your marital property regime when planning your testament.

What if someone contests the will?

If an heir or potential heir believes the will is invalid, was made under undue influence, or violates compulsory rights, they can start proceedings in court. In such disputes you will generally need an advocaat experienced in inheritance litigation. Early mediation or notarial review can sometimes prevent costly litigation.

Additional Resources

Helpful organizations and bodies for people in Delft dealing with Will & Testament matters include:

- Local civil-law notaries in Delft - for drafting, registering and issuing declarations of inheritance.

- Belastingdienst - for questions about inheritance tax and filing obligations.

- Municipality of Delft - the civil registry handles registrations related to death and can guide on official procedures.

- Koninklijke Notariële Beroepsorganisatie - the Royal Dutch association of civil-law notaries, which maintains standards and registers.

- Nederlandse Orde van Advocaten - the Dutch Bar Association, for finding qualified inheritance lawyers.

- Het Juridisch Loket - offers basic free legal information and can point you to affordable legal help.

- Raad voor Rechtsbijstand - for information about legal aid if you cannot afford legal assistance.

- Information on the EU Succession Regulation and cross-border succession practices - important if you or your heirs live outside the Netherlands or hold foreign assets.

Next Steps

If you need legal assistance with a Will & Testament in Delft, consider the following practical steps:

- Gather personal documents - full names, birth dates, marriage or partnership contracts, details of children and other family, and documentation for assets such as property deeds, bank accounts, pensions and business ownership.

- Make an appointment with a Delft notary to discuss a notarial will and to register it safely. Ask about fees and what the notary will provide, including a verklaring van erfrecht when needed.

- If you anticipate a dispute or require court representation, consult an advocaat experienced in inheritance law to understand litigation options and costs.

- If you have assets abroad or complex tax situations, seek coordinated advice from professionals with experience in international succession and taxation.

- Keep your will under review - update it when your family situation, assets or wishes change, and ensure that key people know how to find your notary or the location of your will.

Taking these steps will help ensure your testament reflects your intentions and that your heirs can administer your estate efficiently under Dutch law.