Best Will & Testament Lawyers in Hengelo

About Will & Testament Law in Hengelo, Netherlands

Will & Testament law governs how your estate is distributed after you pass away. In Hengelo, as across the Netherlands, these laws ensure your assets go to the people or organizations you wish to inherit them. A will (testament) is a legally binding document that determines who receives your possessions, names guardians for any minor children, and can also include special wishes. Dutch law allows everyone over the age of 16 and of sound mind to create a will. Making a will ensures your wishes are honored and provides legal clarity for your loved ones.

Why You May Need a Lawyer

While some people may wish to draft their own will, legal situations around inheritance can be complex. You may need a lawyer for the following reasons:

• You want to avoid family disputes or ambiguity about your estate.
• Your family situation is complex, for example, you have children from multiple relationships or wish to exclude legal heirs.
• You want to leave part of your estate to someone outside your immediate family or to an organization or charity.
• You own property or assets outside the Netherlands.
• You are an expat or have dual nationality, which can affect inheritance law.
• You want to ensure your will is legally valid and cannot be challenged.
• You need advice regarding tax implications for your heirs.

A specialized legal professional can guide you through drafting a valid will, minimizing risks of challenges and ensuring all legal requirements are met.

Local Laws Overview

In the Netherlands, and thus in Hengelo, Will & Testament laws are set out in the Dutch Civil Code (Burgerlijk Wetboek). Here are several key points to be aware of:

• Testamentary Freedom: Dutch law gives you considerable freedom to arrange your estate as you wish, within certain legal boundaries.
• Forced Heirship (Legitime Portie): Children have a right to a statutory minimum share of an estate, known as the "legitieme portie," even if they are not named in the will.
• Creating a Will: Wills in the Netherlands must be executed before a Dutch notary. The notary registers the will in the Central Register of Wills.
• Intestacy: If you die without a will, Dutch inheritance law determines who inherits your estate, usually your spouse and children or next of kin.
• International Issues: If you have international ties, such as assets abroad or foreign nationality, additional rules may apply based on EU inheritance regulation.
• Inheritance Tax: Dutch inheritance tax may be applicable for beneficiaries, depending on their relationship to the deceased and the value of the inheritance.

Frequently Asked Questions

What is a will, and why should I have one?

A will is a legal document stating how your estate should be distributed after your death. Having a will ensures your wishes are followed and can help avoid family disputes.

Can I write my own will in Hengelo?

No. In the Netherlands, a will must be executed before a notary. They ensure the will meets legal requirements and register it officially.

What happens if I die without a will?

Dutch intestacy rules will apply, meaning your estate will be distributed to your spouse, children, or next of kin according to law. This may not reflect your personal wishes.

Can I exclude family members from my will?

You can, but children are entitled to a minimum statutory share. Completely excluding children or a spouse is very limited under Dutch law.

How do I change or cancel my will?

You can create a new will at any time with a notary. The most recently made will revokes previous versions.

Do I need a will if I am married or have a registered partnership?

It is not required, but highly recommended if you wish to specify inheritance arrangements or have special wishes, especially if you have children from previous relationships.

How are foreign assets handled in a Dutch will?

If you have property abroad, EU succession rules and bilateral treaties may apply. A lawyer can advise on international implications and the need for multiple wills.

What are the costs involved in making a will in Hengelo?

Notary fees for wills vary based on complexity, typically ranging from 200 to 600 euros. More complex estates or multiple wills may increase costs.

How is inheritance tax determined?

Inheritance tax depends on your relationship to the deceased and the value of the inheritance. Spouses and children benefit from higher tax-free allowances compared to more distant relatives or non-relatives.

Where is my will stored?

Your will remains with the notary, who registers it in the Central Register of Wills (Centraal Testamentenregister). After your death, heirs can request a search to find out if a will exists.

Additional Resources

For further assistance or information, the following resources may be helpful:

• The Dutch Association of Notaries (Koninklijke Notariële Beroepsorganisatie - KNB): Provides information on notarial services and will creation.
• Centraal Testamentenregister (Central Register of Wills): For verification if a will exists after someone has passed away.
• Belastingdienst (Dutch Tax Authority): Information on inheritance tax rules and exemptions.
• Het Juridisch Loket: Provides free basic legal advice to residents of the Netherlands.
• Local notary offices in Hengelo: For personalized assistance with will drafting and execution.

Next Steps

If you are considering making or updating your will in Hengelo, the following steps can guide you:

• Consider your wishes regarding the distribution of your estate and any special circumstances.
• Gather information about your assets and potential heirs.
• Consult with a qualified notary or lawyer experienced in Dutch inheritance law, especially if your situation is complex or involves international elements.
• Prepare your will with the help of the notary, making sure it is properly registered and stored.
• Review your will regularly, especially after major life events like marriage, divorce, or the birth of children.
• If legal disputes or questions arise, seek advice from a legal expert or contact Het Juridisch Loket for basic guidance.

Taking these steps will help ensure your estate is managed according to your wishes, giving peace of mind to you and your loved ones.