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Wills and testaments in Enschede are governed by Dutch civil law. A valid will is most commonly made as a notarial will - drawn up and recorded by a civil-law notary - but Dutch law also recognises a handwritten will if it is entirely written, signed and dated by the testator. The notary plays an important role in advising on legal effects, registering the will and helping to carry out the estate when someone dies. If you live in Enschede but have assets or family abroad, European succession rules and foreign law may also become relevant. For many people the simplest route is to visit a local notary or seek a lawyer for complex or disputed matters.
Many day-to-day wills are handled by notaries, but you may need a lawyer in these common situations:
- Family disputes about who should inherit or challenges to the validity of a will.
- Complex family situations, such as blended families, stepchildren, or estranged heirs.
- Cross-border issues for expats or people with overseas assets - choice of law and tax consequences can be complicated.
- Business succession planning for owners of companies or substantial commercial assets.
- Where the estate includes unusual assets like farm land, foreign property, or complex financial arrangements.
- If you want to plan for incapacity, guardianship for minor children, or create trusts or long-term structures - legal advice can help coordinate wills with other instruments.
- If you expect disputes after death and want to draft a robust, litig-proof testament or consider mediation agreements while alive.
Key local and national points relevant to wills and succession in Enschede include:
- Form requirements - A notarial will executed by a civil-law notary is the standard and safest option. A handwritten will is valid if fully handwritten, signed and dated. Emergency oral or witness wills exist in very limited circumstances but are risky.
- Registration - Notaries register the existence and location of wills in the Central Register of Wills. The register records where the will is kept but not its contents.
- Intestate succession - If you die without a will, Dutch statutory rules decide heirs. Typically the spouse or registered partner and children have priority. If there are no close family members, parents, siblings or more distant relatives may inherit.
- Compulsory portion - Children have a legally protected claim known as the compulsory portion. This right limits a testator's ability to disinherit children entirely; the compulsory portion is a fixed share of what they would have received under intestacy.
- Marital property regimes - The matrimonial property regime affects what belongs to the estate. Since 2018 the default for marriages in the Netherlands changed to a limited community of property for assets acquired during marriage. Prenuptial agreements can change the regime. Registered partners have similar considerations. These rules affect what passes under a will.
- Accepting or renouncing an inheritance - Heirs can accept an inheritance unconditionally, renounce it, or accept it under the benefit of inventory to limit liability for the deceased's debts.
- Taxes and reporting - Estates are subject to inheritance tax and must be reported to the Dutch Tax and Customs Administration. Tax rates and exemptions depend on relationship to the deceased. Exact amounts change and should be checked with a notary or tax adviser.
- EU Succession Regulation - For people with cross-border ties the EU Succession Regulation allows choice of the law of nationality to govern succession, otherwise habitual residence law applies. This can be important for expats living in or near Enschede.
- Administration and execution - Estate administration is typically handled by the appointed executor or a notary. In many cases court involvement is not required unless there is a dispute or complex estate administration issue.
No one is required to make a will, but having a clear, valid will ensures your assets are distributed according to your wishes, allows you to name guardians for minor children and reduces uncertainty for survivors. Without a will, statutory succession rules apply and may not match your intentions.
The safest method is a notarial will prepared and executed by a civil-law notary. A handwritten will is also valid if it is entirely written, signed and dated by you. Emergency alternatives exist but are legally risky and should not be relied on unless no other option is possible.
You can attempt to disinherit children in your will, but Dutch law protects children through the compulsory portion. Children can claim their compulsory portion if omitted or underprovided for, so legal advice is essential before relying on a complete disinheritance.
A civil-law notary drafts and executes notarial wills, registers the will and often assists with estate administration. Notaries act impartially and advise on legal consequences. Lawyers represent clients in disputes, litigation, complex planning, or matters where you need advocacy, such as contesting a will.
If you die intestate, Dutch statutory rules determine who inherits. Typically the spouse or registered partner and children inherit first. If there are no close relatives, more distant family members inherit, and in rare cases the state may be involved. Intestacy can also create tax consequences and unintended beneficiaries.
Cross-border succession can involve Dutch law, the law of another country and EU Succession Regulation rules. You may be able to choose the law of your nationality to govern your estate. Because of the complexity, expats and people with foreign assets should consult a notary or lawyer experienced in international succession.
Yes, inheritance tax applies in the Netherlands and must be reported. Rates and exemptions depend on the relationship between the deceased and the heir. Tax rules change over time, so consult a notary or tax adviser to understand current liabilities and potential planning options.
Yes. A will is the standard place to appoint an executor to manage your estate and to nominate guardians for minor children. Appointees should be consulted in advance so they understand their responsibilities and accept the role.
You can revoke or change a will at any time while you have capacity. The safest method is to make a new notarial will that expressly revokes earlier wills or to execute a written revocation before a notary. Destroying a handwritten will may not be sufficient where copies exist, so formal revocation is recommended.
If a will is contested, try to resolve the matter by negotiation or mediation first. If that fails, a lawyer can represent you in court. Contests often involve claims about capacity, undue influence, errors in execution or claims for compulsory portions. Preserve relevant documents and witness information and seek legal advice promptly.
Useful local and national resources to consult or contact include:
- Civil-law notaries in Enschede - for drafting and registering notarial wills and for estate administration.
- Dutch Tax and Customs Administration - for inheritance tax obligations and reporting requirements.
- Rechtbank Overijssel - local court for any probate litigation or formal declarations if needed.
- Central Register of Wills - where notaries register the existence and location of wills.
- Nederlandse Orde van Advocaten - for finding qualified lawyers who specialise in inheritance disputes.
- Raad voor Rechtsbijstand - the Legal Aid Board if you need subsidised legal assistance and meet eligibility criteria.
- Municipality of Enschede - for reporting deaths and obtaining official documents that the estate administration will need.
- Kamer van Koophandel - Chamber of Commerce, if the deceased owned a business and you need help with business succession steps.
If you need legal assistance with wills or succession in Enschede, consider these practical steps:
- Take stock of your assets and liabilities, including bank accounts, property, pensions, company interests and overseas holdings, and gather identity documents.
- Decide who you want to appoint as heirs, executor and guardians, and speak with those people so they can prepare mentally and practically.
- Book a consultation with a civil-law notary for standard testamentary work. If you anticipate disputes, complex cross-border issues or special structures, book a lawyer experienced in succession law.
- Ask for a clear fee estimate and an outline of the proposed steps. Notaries often provide fixed-fee wills; lawyers may work hourly or on a fixed-fee basis for specific tasks.
- Make and register the will. Ensure the notary records the will in the Central Register of Wills and you keep copies of important documents in a safe, known place.
- Review your will periodically and after major life events - marriage, divorce, births, deaths, moves abroad, or significant changes in assets.
- If someone has died, notify the municipality to register the death and contact the notary named in the will or a local notary to begin estate administration. If you expect disputes, contact a lawyer early.
Taking these steps will help ensure your wishes are clear and reduce uncertainty for your loved ones. If you are unsure where to start, an initial meeting with a local notary or an experienced succession lawyer in Enschede is a practical first move.
