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. A will, known locally as a testament, sets out who inherits your assets and who manages your estate after your death. Dutch civil-law notaries play a central role. Most wills are executed as a notarial deed signed before a civil-law notary. A handwritten will can be valid only if it follows strict rules and is deposited with a notary. There is also a simple handwritten codicil that can cover limited personal items and funeral wishes.

Notaries register the existence of wills in the Central Register of Wills in The Hague. The contents remain confidential during your life. After death, a notary or interested party can check the register to see if a will exists and which notary holds it. Estate settlement in the Netherlands is largely handled out of court by notaries. Courts become involved mainly in disputes, appointments, or protective measures.

Besides a testament, many residents create a living will - called a levenstestament - that appoints someone to act for them if they become incapacitated. This is also arranged with a notary and can be registered in a central register managed by the notarial profession.

Why You May Need a Lawyer

You want to make or update a will and need advice on how to structure gifts, appoint an executor, protect a spouse or partner, or provide for minor or vulnerable beneficiaries.

You own a business, real estate, or complex assets and need tax-efficient planning or a business succession arrangement that complies with Dutch law.

Your family includes children from previous relationships or you wish to exclude or limit an heir and need to understand forced-share rules for children and protections for a surviving spouse or partner.

You are an expat in Ommen or you own assets outside the Netherlands and need guidance on the EU Succession Regulation, choice of law, and cross-border documents like the European Certificate of Succession.

Someone close to you has died and you need help locating the will, deciding whether to accept the inheritance, preparing the inventory, dealing with creditors, and distributing the estate.

There is a dispute among heirs or with an executor about the interpretation of a will, valuation of assets, or the settlement process.

You need to safeguard the interests of a minor heir, an heir under guardianship, or a beneficiary with special needs through a trust-like administration or protective measures permitted by Dutch law.

Local Laws Overview

Formalities for a valid will - Most Dutch wills are notarial wills executed before a civil-law notary. A handwritten will is only valid if written, dated, and signed by the testator and deposited with a notary in a sealed form. A simple handwritten codicil is allowed for specific personal items and funeral instructions but cannot appoint heirs, give money, or dispose of real estate.

Registration - The existence of a will is registered in the Central Register of Wills. After death, a notary can check the register and retrieve the will from the notary who holds it.

Executors and estate administration - A will can appoint an executor to manage and wind up the estate. Dutch law distinguishes between levels of authority, ranging from management only to broader powers to settle and distribute. If no executor is appointed, heirs collectively administer the estate with a notary’s assistance.

Accepting or rejecting an inheritance - Heirs can accept outright, accept under the benefit of inventory, or reject. Beneficiary acceptance limits personal liability to the value of the estate and triggers a statutory liquidation process. Acts that suggest taking estate assets can be treated as outright acceptance, so legal advice early on is important.

Forced share for children - Children have a statutory claim called the forced share. It is a monetary claim against the estate and does not automatically give the child possession of assets. Deadlines and calculation rules apply and prior gifts may be taken into account.

Protections for a surviving spouse or partner - Dutch law provides protections such as usufruct rights over the home and household effects and maintenance-like rights. Intestacy rules give the spouse or registered partner a strong position, and many wills mirror or adjust these protections.

Marital property regime - Since 2018, the default is a limited community of property. Assets owned before the marriage and inheritances and gifts received during the marriage generally remain private unless stated otherwise. This impacts what goes into the estate on death and should be considered in will planning.

Cross-border issues - The EU Succession Regulation generally applies the law of the deceased’s habitual residence at death, but a person may choose the law of their nationality to govern the entire succession. A European Certificate of Succession can prove heirship across EU countries. Coordination with foreign law and assets is often required.

Taxes - Dutch inheritance tax applies to most estates with rates and tax-free allowances that depend on the relationship to the deceased and are adjusted annually. Deadlines apply for filing and payment. Gifts made during life may affect estate tax and the forced share.

Minors and vulnerable beneficiaries - A will can provide for an administration arrangement over assets for minors or vulnerable adults and appoint guardians for minor children. Court involvement may be needed for certain approvals.

Frequently Asked Questions

Do I need a notary to make a will in the Netherlands?

In practice, yes. The standard and most reliable form is a notarial will signed before a civil-law notary. A handwritten will is only valid if it meets strict requirements and is deposited with a notary. A notary ensures correct wording, proper signing, and registration.

Can I handwrite my will instead of seeing a notary?

A handwritten will is only valid under Dutch law if it is entirely handwritten, dated, and signed by you and deposited with a notary. Even then, it can be risky because unclear wording or formal mistakes can cause problems. A notarial will is strongly recommended.

What is a codicil and what can it cover?

A codicil is a handwritten, dated, and signed document for specific items such as clothing, jewelry, household goods, and funeral wishes. You cannot use a codicil to appoint heirs or an executor or to dispose of money or real estate. For those matters, you need a notarial will.

How do I find out if there is a will after someone dies in Ommen?

Contact a civil-law notary. The notary can search the Central Register of Wills with the deceased’s details. If a will exists, the register provides the notary who holds it. You will need a death certificate and proof of your interest.

What are my options if I am an heir and the estate may have debts?

You can accept outright, accept under the benefit of inventory, or reject the inheritance. Accepting under the benefit of inventory limits personal liability to the estate assets and follows a formal settlement process. Get legal advice before using estate assets or paying bills to avoid unintended acceptance.

What is the forced share for children and can I disinherit a child?

Children have a forced share which is a monetary claim equal to part of their intestate share. You can limit a child’s inheritance in a will, but the child can still claim the forced share within the legal time limit. The claim is often payable later, for example after the death of a surviving spouse, depending on the will.

What rights does a surviving spouse or registered partner have?

Besides any gifts in the will, a spouse or registered partner has statutory protections, including possible usufruct of the home and household effects and maintenance-like rights. In intestacy, the spouse or partner often receives the estate with children receiving monetary claims. A will can tailor or strengthen these protections.

How are international assets handled if I live in Ommen?

Cross-border estates are governed by conflict-of-law rules. Under the EU Succession Regulation, the law of your habitual residence usually applies, but you may choose the law of your nationality in your will. A European Certificate of Succession can help heirs prove their status in other EU countries. Coordinate with advisors in each relevant country.

What does an executor do and how are they appointed?

An executor is appointed in your will. They locate the will, arrange the funeral as appropriate, prepare an inventory, manage the estate, pay debts and taxes, and distribute assets. Dutch law recognizes different levels of executor authority, so clear drafting is important. If no executor is named, heirs and a notary handle settlement together.

When is inheritance tax due and who files the return?

Heirs and legatees are generally liable for Dutch inheritance tax on what they receive. The tax return is typically due within a set period after death often within 8 months, with extensions possible. Allowances and rates depend on the relationship to the deceased and change annually. A notary or tax advisor can help with filing and planning.

Additional Resources

Civil-law notaries in Ommen and the wider Overijssel region - for drafting wills, living wills, searches in the Central Register of Wills, and estate settlement.

Central Register of Wills in The Hague - notaries register the existence of wills here. After death, a notary can perform a search.

Royal Dutch Association of Civil-law Notaries - manages professional standards and the central register for living wills. Useful for finding a notary and practical information.

Belastingdienst Dutch Tax and Customs Administration - publishes current inheritance tax rules, allowances, rates, and deadlines.

Rechtbank Overijssel District Court - for filings such as acceptance under the benefit of inventory, disputes, and appointments. Locations include Zwolle and Almelo.

Municipality of Ommen Burgerzaken Civil Affairs - issues death certificates and records changes in the population register, which are needed for estate procedures.

Het Juridisch Loket Legal Services Counter - provides initial legal information and can refer you to further help.

Raad voor Rechtsbijstand Council for Legal Aid - information on eligibility for subsidized legal assistance for those with lower incomes.

Kadaster Dutch Land Registry - records real estate ownership and mortgages, useful for estate inventories and transfers.

Kamer van Koophandel Chamber of Commerce - for business ownership records that may form part of the estate and for business succession queries.

Next Steps

If you want to make or update a will in Ommen, start by clarifying your goals. Consider who should inherit, who should serve as executor, how to protect a spouse or partner, and needs of minor or vulnerable beneficiaries. Think about international assets and which law should apply if you have multiple nationalities.

Gather key information. List assets and liabilities, marital or partnership agreements, prior gifts, life insurance policies, and business interests. Note family details, including children from prior relationships and any special circumstances.

Contact a civil-law notary or lawyer in or near Ommen. Ask about experience with wills, estates, and any cross-border or business issues. Request an estimate of fees and timelines. Bring identification and your information list to the first meeting.

Work with your advisor to choose the right documents. This may include a notarial will, living will for incapacity, and where needed a prenuptial or partnership agreement. Discuss executor powers, guardianship for minors, protective administration, and tax planning.

Sign the will before the notary. The notary will register the existence of your will in the Central Register of Wills. Keep your copies safe and tell your executor and close family which notary holds the original. Review your plan after major life events such as marriage, divorce, birth, death, or moving abroad.

If someone has died, obtain the death certificate from the municipality and contact a notary early. The notary can check the Central Register of Wills, advise on accepting or rejecting the inheritance, prepare an inventory, and guide the settlement. Be mindful of tax filing deadlines and do not use estate assets before deciding your acceptance to avoid unintended liability.

Where disputes or complex issues arise, engage a lawyer experienced in inheritance law in the Overijssel region. Prompt advice helps protect rights, manage risks, and keep the process on track.