Best Will & Testament Lawyers in Ommen

About Will & Testament Law in Ommen, Netherlands

In the Netherlands, including Ommen in the province of Overijssel, wills and estates are governed by national civil law in Book 4 of the Dutch Civil Code. A will sets out who inherits your assets, who will manage your estate, and who will look after minor children. Most Dutch wills are executed as a notarial deed before a civil law notary called a notaris. After a will is executed, the notary registers its existence in the Central Wills Registry called Centraal Testamentenregister. The registry stores only the fact that a will exists and which notary holds it, not the content.

If someone passes away without a will, Dutch intestacy rules determine who inherits. Typically the spouse or registered partner and children are heirs, with a statutory division that protects the surviving spouse. Children also have a protected minimum claim called the legitime share. Dutch inheritance tax may apply, with exemptions and rates that depend on the relationship to the deceased.

Ommen residents and families dealing with an estate in Ommen follow these national rules, with practical steps handled locally through a notary, the municipality for death registration, and the district court of Overijssel for certain filings.

Why You May Need a Lawyer

While a civil law notary prepares and executes wills, you may also want independent legal advice from a lawyer in several situations. Complex family structures such as blended families, estranged relatives, or dependants with special needs often call for tailored drafting to balance fairness, control, and legal protections. Cross border matters are common in Ommen and the wider region, and the European Succession Regulation can make choice of law and the treatment of foreign assets nuanced.

Business owners and agricultural families frequently need succession planning that coordinates company governance, voting control, and liquidity for heirs. If you wish to limit or exclude a child as an heir, you must navigate the legitime share rules to avoid disputes. Tax planning is another area where coordinated advice can reduce inheritance tax and ensure sufficient cash flow for the surviving spouse. Disputes among heirs, questions about executor conduct, or challenges to a will may require a litigator. Finally, if you have concerns about capacity, undue influence, or previous documents, a lawyer can help secure medical evidence and a robust record to prevent later challenges.

Local Laws Overview

Formalities. A valid will in the Netherlands is usually a notarial will. You meet a civil law notary, who drafts the deed, reads it aloud, ensures you understand it, and you sign in the notary’s presence. You must be at least 16 years old and have capacity to understand the document. After signing, the notary registers the will with the Central Wills Registry. You can revoke or replace your will at any time by executing a new one.

Codicil for personal items. Dutch law allows a handwritten, dated, and signed codicil for specific personal belongings such as jewelry, clothing, or household effects. A codicil cannot dispose of money, bank accounts, real estate, or shares, and it cannot appoint an executor or guardian. For those matters, a notarial will is required.

Intestacy and protected shares. If there is no will, the spouse or registered partner and children inherit under the statutory division. The surviving spouse receives the assets and debts and the children receive a monetary claim against the spouse that is usually payable later. Children have a protected minimum claim called the legitime share that they can demand in value, even if disinherited. Partners who are not married or registered do not inherit by default without a will or cohabitation agreement with inheritance clause.

Executors and administrators. In your will you may appoint an executor to manage and settle the estate. The scope of the executor’s powers can be limited or broad, and you can include administration arrangements to protect minors or vulnerable beneficiaries.

Estate acceptance. Heirs have three choices regarding debts of the estate. Accept outright, accept under the benefit of inventory called beneficiaire aanvaarding, or renounce. Beneficiaire acceptance protects personal assets if estate debts exceed assets. Declarations are made through a notary or filed at the District Court of Overijssel, which serves Ommen.

Certificate of inheritance. Banks, insurers, and the Land Registry often require a certificate of inheritance called verklaring van erfrecht. A notary issues this after verifying the will and heirs through the Central Wills Registry, civil records, and any matrimonial property regime.

Inheritance tax. Dutch inheritance tax called erfbelasting may apply. Exemptions and rates depend on your relationship to the deceased and are adjusted periodically. The tax is generally due within 8 months after death. Interest can accrue if payment is late. The tax authority called Belastingdienst handles returns, assessments, and available payment arrangements.

Matrimonial property. Spouses married since 2018 are generally in a limited community property regime unless they made a prenuptial agreement. Earlier marriages may be in a broader community. The matrimonial regime affects what is part of the estate and should be reviewed with a notary or lawyer.

Cross border rules. Under the European Succession Regulation, the law of the deceased’s last habitual residence usually governs the entire estate, unless the person made a valid choice of law for their nationality. This is important for Ommen residents with foreign nationality or assets abroad. Some assets, like real estate in other countries, may still be subject to local formalities there.

Planning for incapacity. A will only takes effect on death. For decision making during life, consider a notarial living power of attorney called levenstestament. This can appoint trusted persons to manage finances and care if you lose capacity.

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 executed before a civil law notary. A handwritten codicil is allowed for certain personal items only and cannot replace a notarial will for money, real estate, or appointing an executor or guardian.

How do I find out if a deceased person in Ommen had a will

A notary can query the Central Wills Registry after the death is registered. The registry shows whether a will exists and which notary holds it. The content is obtained from that notary.

Can I disinherit a child or a spouse

You can exclude a child as an heir, but children retain a legitime share that they can claim as a monetary amount. A spouse or registered partner has strong statutory protections. If exclusion of a spouse is intended, careful planning is required and may not fully avoid protections.

What if there is no will

Intestacy rules apply. The spouse or registered partner and children are heirs, with the surviving spouse usually receiving the estate assets and debts and children receiving a deferred monetary claim. If there is no spouse or children, other relatives may inherit according to statutory order.

What is a verklaring van erfrecht and when is it needed

It is a notarial certificate of inheritance used to prove who may act for the estate. Banks, insurers, and the Land Registry often require it before releasing funds or transferring property.

How quickly must inheritance tax be handled

Inheritance tax is generally due within 8 months after death. The Belastingdienst issues or accepts a return and can grant extensions or payment arrangements. Exemptions and rates change over time, so ask a notary or tax adviser for current figures.

What are my options if the estate might have more debts than assets

Consider beneficiaire acceptance. This accepts the inheritance under the benefit of inventory and limits your personal liability to the value of estate assets. You can also renounce. Avoid actions that imply outright acceptance, such as selling estate assets, until you have chosen.

Can I appoint a guardian for my minor children

Yes. You can appoint a guardian in your will. You can also appoint one in a separate notarial deed. Choose someone willing to serve and communicate your wishes to them in advance.

What happens to our community property when one spouse dies

The answer depends on your matrimonial property regime. For many couples married since 2018, there is a limited community by default. The notary will determine which assets belong to the estate and which remain the property of the surviving spouse.

We live in Ommen but have assets abroad. Which law applies

Under the European Succession Regulation, the law of the last habitual residence generally applies to the worldwide estate unless there is a valid choice of law to your nationality in your will. Local formalities for foreign assets may still be required in the country where those assets are located.

Additional Resources

Centraal Testamentenregister in The Hague for registration of the existence of wills. A notary accesses the registry after death.

Koninklijke Notariele Beroepsorganisatie, the Royal Dutch Notarial Association, for information on finding a civil law notary and understanding notarial services.

Belastingdienst for inheritance tax rules, exemptions, deadlines, and payment arrangements.

Rechtbank Overijssel for filings related to beneficiaire acceptance or renunciation and other court supervised estate matters affecting residents of Ommen.

Gemeente Ommen, the municipal civil registry, for registering a death and obtaining death certificates used by notaries and institutions.

Kadaster, the Dutch Land Registry, for transfer and registration of real estate from the estate to heirs or buyers.

EU e Justice Portal for general information about the European Succession Regulation and cross border estates.

Next Steps

Gather key documents. Collect identification, marriage or partnership documents, any prenuptial or cohabitation agreements, previous wills if available, asset lists, and financial statements. After a death, obtain the death certificate from the municipality of Ommen and any funeral instructions.

Speak to a local notary. Contact a civil law notary in Ommen or nearby Overijssel to draft or update your will or to settle an estate. The notary will check the Central Wills Registry, verify heirs, advise on executors and guardians, and prepare any required certificate of inheritance.

Consider legal advice. If your situation involves complex family dynamics, a business, cross border assets, possible disinheritance issues, or disputes, consult a lawyer alongside the notary for strategic planning and representation.

Decide on estate acceptance. If you are an heir, promptly determine whether to accept, accept under the benefit of inventory, or renounce. Use a notary or file with the District Court of Overijssel. Avoid actions that could imply outright acceptance until you have decided.

Plan for taxes and cash flow. Ask the notary or a tax adviser about inheritance tax timelines, exemptions, and whether an advance payment or installment plan is advisable. Ensure there is liquidity to cover tax and estate expenses.

Update related documents. Coordinate your will with a living power of attorney, beneficiary designations on life insurance or pensions, and any shareholder or partnership agreements. Review plans after major life events such as marriage, divorce, birth, or significant asset changes.

Document your wishes. Record funeral and memorial preferences, specific bequests, and practical information about digital accounts and passwords. Store originals with your notary and keep copies in a safe place known to your executor or family.

Taking these steps with guidance from a notary and, where appropriate, a lawyer will help ensure your wishes are valid, practical, and tax efficient under Dutch law as applied in Ommen.