Best Will & Testament Lawyers in Middelburg

About Will & Testament Law in Middelburg, Netherlands

Wills and testamentary law in Middelburg follow Dutch national law, administered locally by civil-law notaries and the municipal authorities. A will is the primary legal document through which a person sets out how their assets and responsibilities should be handled after death. In the Netherlands there are several formal options for making a will, but the most common and most secure method is a notarial will prepared by a civil-law notary. Local procedures - such as registering a death at the Gemeente Middelburg and obtaining proof of inheritance from a notary - are part of the practical steps that follow when someone dies.

Why You May Need a Lawyer

You may want to consult a lawyer or notary when dealing with wills and estates for several reasons:

- Drafting a clear and legally valid will - to avoid mistakes that could make the will invalid or cause disputes.

- Complex family situations - for example blended families, second marriages, or where children from different relationships are involved.

- Property or assets abroad - cross-border succession can involve foreign law and the EU Succession Regulation, requiring specialist advice.

- Disputes about a will - contested inheritances, claims for the reserved portion, or disagreements between heirs often require lawyer involvement.

- Tax planning - inheritance tax issues and optimal structuring of gifts and bequests often benefit from professional advice.

- Appointing guardians for minor children or creating trusts and other long-term arrangements where precise legal drafting is important.

Local Laws Overview

Key aspects of Dutch law that are particularly relevant in Middelburg include:

- Types of valid wills - Dutch law recognises different forms of testamentary dispositions. The notarial will - drawn up by a civil-law notary - is the most commonly used. Handwritten wills may be valid if they meet strict formal requirements, but they are less secure. A notary can explain the best option for your situation.

- Mandatory formalities and registration - notarial wills are entered in the central testament register via the notary, which makes it easier to discover an existing will after death. The notary can search the register to locate a will.

- Intestacy rules - if someone dies without a valid will, statutory succession rules apply. Generally descendants and a surviving spouse or registered partner are first in line to inherit. If no close relatives exist, more distant relatives inherit according to the legal order.

- Reserved portion for children - Dutch law protects children through a reserved portion - commonly called the "legitieme portie" - which gives children a right to part of an estate even if they are left out of the will. The calculation and enforcement of that right can be complex.

- Matrimonial property regimes - the way spouses own property affects inheritance. Since 2018 the default marital property regime in the Netherlands changed - prenuptial agreements and property regimes impact what belongs to the surviving spouse and what forms part of the estate.

- Declaration of inheritance - banks and other institutions commonly require a "verklaring van erfrecht" issued by a notary to confirm who the heirs are and who may administer the estate. This document is central to practical estate administration.

- Death registration and local steps - a death is registered with the municipality. In Middelburg the funeral director and doctor typically arrange the death certificate and the municipality records the death - a necessary step before formal estate administration can begin.

- Inheritance tax - estates may be subject to inheritance tax. Rates and exemptions differ depending on relationship to the deceased and the size of the estate. A notary or tax advisor can help assess tax liability and planning opportunities.

- Cross-border succession - if the deceased owned property abroad or had multiple nationalities, EU succession rules and foreign law may apply. You may be able to choose the law of your nationality for your succession in a will, but this requires clear drafting and advice.

Frequently Asked Questions

How do I make a valid will in the Netherlands?

The most reliable way is to instruct a civil-law notary to draw up a notarial will. A notarial will is prepared in the notary's presence and recorded in the notary register. Handwritten wills may be valid if they clearly meet formal requirements - typically they must be entirely in the testator's handwriting, dated and signed - but they are riskier. A notary can explain the safest option and ensure the will is registered.

Do I need a notary to write a will?

You do not always legally need a notary, because certain handwritten wills can be valid. However, using a notary is strongly recommended because a notarial will avoids many formal defects, is entered in the central testament register, and the notary can give neutral legal advice about effects and tax consequences.

Can I disinherit my children?

Under Dutch law you can attempt to disinherit children, but children are protected by the reserved portion - the legitieme portie. Even if a child is omitted from a will, they may be able to claim a reserved portion of the estate. The exact amount and the legal process to claim it can be complex, so consult a notary or lawyer before making or contesting such decisions.

What happens if someone dies without a will?

If there is no valid will, statutory intestacy rules determine who inherits. Typically the surviving spouse or registered partner and children are first in line. If no close relatives exist, more distant relatives inherit. Practical access to assets often requires a notarial declaration of inheritance. Intestacy can produce results the deceased would not have wanted, so making a will is advisable.

What is a verklaring van erfrecht and do I need one?

A verklaring van erfrecht is a declaration of inheritance issued by a civil-law notary that identifies the heirs and their rights to act for the estate. Banks, insurers and land registries often require this document before transferring accounts, releasing assets or changing title. It is commonly needed for practical estate administration.

Do unmarried partners inherit automatically?

No - unmarried cohabitants do not automatically inherit in the same way as spouses or registered partners. To ensure an unmarried partner inherits, you should create a will that names them as an heir, and you may also need to arrange ownership and beneficiary designations for specific assets. Discussing options with a notary or lawyer helps avoid unintended results.

How does inheritance tax work in the Netherlands?

Inheritance tax applies to estates and the rates and exemptions depend on the heir's relationship to the deceased and the total value inherited. Spouses and close relatives usually benefit from higher exemptions and lower rates. The calculation and filing of inheritance tax returns can be technical, so a notary or tax advisor can help determine liability and timing for payment.

Can I choose which country's law applies to my estate?

Under EU succession rules you may be able to choose the law of your nationality to govern your succession, but the default is usually the law of your habitual residence. If you have assets or connections in other countries, or dual nationality, seek specialist legal advice to make a clear and effective choice in your will.

How much does making a will cost in Middelburg?

Costs vary depending on complexity and the notary's fees. A simple notarial will will have a set fee range, while complex estates or tax planning increase costs. Many notaries offer a first consultation to explain fees and options. If you are eligible for legal aid, some dispute-related legal help may be subsidised by the Raad voor Rechtsbijstand.

What should I do if I want to challenge a will?

If you believe a will is invalid - for example due to lack of capacity, undue influence, or formal defects - or if you seek a reserved portion, you should seek legal advice promptly. There are statutory time limits and procedural steps for contesting wills. A lawyer experienced in inheritance law can advise on evidence, negotiation and litigation strategies.

Additional Resources

Helpful organisations and authorities you can consult include:

- Gemeente Middelburg - for death registration and municipal procedures.

- Civil-law notaries - local notaries in Middelburg handle wills, the central testament register, and declarations of inheritance.

- Koninklijke Notariële Beroepsorganisatie - the professional body for Dutch notaries - they can explain how notaries operate and where to find one.

- Belastingdienst - the Dutch tax authority for questions about inheritance tax, exemptions and filing obligations.

- Raad voor Rechtsbijstand - the Legal Aid Board - for information about subsidised legal assistance in eligible cases.

- Nederlandse Orde van Advocaten - the Dutch Bar Association - for locating lawyers who specialise in inheritance disputes.

- Rechtbank Zeeland-West-Brabant - the district court that handles civil cases in the region, including inheritance litigation.

- Local legal aid clinics and rechtswinkels - community legal clinics can offer initial guidance and referrals.

Next Steps

If you need legal assistance with a will or estate in Middelburg, consider the following practical steps:

1. Gather key documents - identity papers, marriage or partnership certificates, property deeds, bank and investment statements, insurance policies, pension details and any existing wills or codicils.

2. Clarify your objectives - decide who you want to inherit, whether you need to include guardians for minor children, and whether you want to make specific funeral or legacy wishes.

3. Contact a civil-law notary - schedule a consultation to discuss a notarial will, registration, and the practical follow-up after death such as the verklaring van erfrecht.

4. Consider tax implications - speak to a tax advisor or the notary about inheritance tax and possible planning steps.

5. Keep your will up to date - review your testament after major life events such as marriage, divorce, births or acquiring property abroad.

6. Register and store documents - have your will registered through the notary and keep copies of important documents accessible to the person you trust to handle your affairs.

7. If you face a dispute or unhappy with a distribution - contact a lawyer who specialises in inheritance law as soon as possible to learn about your rights and time limits for contesting a will.

If you are unsure where to start, a local notary in Middelburg can provide a clear first meeting and explain the options and likely costs for making or contesting a will.