Best Will & Testament Lawyers in Ruinen

About Will & Testament Law in Ruinen, Netherlands

Ruinen is part of the municipality of De Wolden in the province of Drenthe, and matters of wills and inheritance here are governed by Dutch national law. In the Netherlands, a will must be executed before a civil-law notary, who records your wishes and registers the existence of the will in the Central Register of Wills. Your will can appoint an executor, set conditions on gifts, arrange guardianship for minor children, and organize how your estate will be distributed. If you do not leave a will, statutory rules decide who inherits, starting with a spouse or registered partner and children. Dutch law also protects children with a forced-share claim, called the legitime portie. Notaries and lawyers work together in this field: the notary drafts and executes wills and related documents, while a lawyer assists with disputes, complex cross-border issues, negotiations, and court proceedings.

Why You May Need a Lawyer

You may need legal help when there is a dispute about a will, concerns about undue influence or capacity, or disagreement among heirs about the interpretation of clauses, the work of an executor, or the valuation of assets. A lawyer is valuable if you need to claim or defend a forced share, if there is a blended family, stepchildren, or long-term cohabitation without registered partnership, or when business assets, trusts, or foundations are involved. Cross-border estates raise additional questions about which law applies and how to manage property in other countries, so coordinated advice is important. You may also want legal support to negotiate settlements among heirs, to challenge or defend gifts made shortly before death, or to guide you through court procedures such as appointing a guardian for minors or resolving executor liability. While a notary is essential to make a valid will, a lawyer helps protect your position when interests diverge or litigation is possible.

Local Laws Overview

Formalities of wills: A Dutch will is made before a civil-law notary. The notary reads the document with you and records your wishes. The existence of the will is registered in the Central Register of Wills. There is also an international will format that a notary can execute. A handwritten codicil is only valid for limited personal items like clothing, jewelry, and furniture, and for funeral wishes, not for real estate, bank accounts, or appointing an executor.

Intestacy and spousal-child protection: Without a will, the statutory system applies. If there is a spouse or registered partner and children, the spouse receives the assets and debts and the children receive monetary claims payable later, for example at the spouse’s death. Children have a forced-share right called the legitime portie, which is a monetary claim equal to half of what they would receive under intestacy, not a claim to specific items. Cohabitants who are not registered partners do not inherit automatically and must provide for each other by will or contract.

Executors and administration: You can appoint an executor to handle the estate, pay debts, and distribute assets. A declaration of inheritance, called a verklaring van erfrecht, is commonly prepared by a notary to prove who may act for the estate and to unlock bank accounts. In most estates there is no court-led probate. The executor or heirs work with the notary to settle matters.

Accepting or rejecting an inheritance: Heirs can accept unconditionally, accept with the benefit of inventory to limit liability to estate assets, or reject the inheritance. Accepting unconditionally makes you liable for estate debts, so prompt advice is important if debts are suspected. Minors and persons under guardianship require additional safeguards and approvals.

Taxes and deadlines: Inheritance tax may be due. The tax return is generally filed within 8 months after death, and interest can accrue after that period. Exemptions and rates depend on relationship to the deceased and are adjusted annually. Planning with a notary and, when needed, a lawyer or tax adviser can help optimize outcomes.

Cross-border rules: The EU Succession Regulation often applies to cross-border estates. As a general rule, the law of the deceased’s habitual residence applies, but a person can choose the law of their nationality in a will. Coordination is crucial if there are foreign assets or heirs in different countries.

Family and property regimes: Marital or registered partnership property regimes affect what belongs to the estate. Since 2018, the default regime is limited community of property. Pre- or postnuptial agreements can change this and may interact with inheritance planning. You can also create a right of usufruct for a partner or provide for a surviving spouse’s living situation in your will.

Local practice in Ruinen: Deaths are registered with the municipality of De Wolden. Notarial services are available in the wider Drenthe region, and court matters fall within the District Court of North Netherlands. Notaries and banks usually require an official extract of the death certificate and population registry records to start the estate process.

Planning for incapacity: A living will, called a levenstestament, is a notarial power of attorney for financial and care decisions if you become unable to act. It is not a will and does not govern what happens after death, but it is a key part of a complete life-and-estate plan.

Frequently Asked Questions

Do I need a notary or a lawyer to make a will in the Netherlands

To create a valid will you must go to a civil-law notary. The notary drafts, reads, and executes the will and registers its existence in the Central Register of Wills. A lawyer is not required to sign a will, but a lawyer can advise on disputes, complex family structures, business interests, or cross-border issues that affect what the notary drafts.

Who can make a will and what are the formalities

Any adult with mental capacity can make a will. The will must be executed before a notary. The notary verifies identity and capacity, reads the will, and both of you sign. For people who cannot read Dutch, a sworn interpreter or a bilingual notary solution will be arranged. Only limited personal items can be disposed of by a handwritten codicil, not the entire estate.

Can I disinherit my spouse or children

You can disinherit a spouse or registered partner subject to statutory protections like maintenance or usufruct that a court may grant in some cases. You can state that a child does not inherit, but every child retains a forced-share claim called the legitime portie. This is a monetary claim that must be paid by the heirs or the estate and may reduce gifts you made during life for calculation purposes.

What is the legitime portie

The legitime portie is a child’s forced-share right. It is a monetary claim equal to half of the child’s intestate share, calculated on the estate plus certain lifetime gifts. It does not give a right to specific assets. A child must claim it within the statutory period, generally within 5 years of death, and the timing of payment can be influenced by the will and by law.

What happens if I die without a will

Intestacy rules apply. The order of heirs starts with spouse or registered partner and children. If there is a spouse or partner and children, the spouse receives the estate assets and debts, and children get equal monetary claims payable later, commonly at the spouse’s death. If there are no spouse or children, the estate moves to parents and siblings, then grandparents, and then great-grandparents. Unregistered cohabitants do not inherit automatically.

How do I accept or reject an inheritance and what are the risks

Heirs can accept unconditionally, accept with benefit of inventory to limit liability to estate assets, or reject. Be careful: using estate items or taking actions that look like acceptance can bind you. If debts are possible, consider benefit-of-inventory acceptance and consult a notary or lawyer quickly. For minors, acceptance is restricted and supervision rules apply.

What is a verklaring van erfrecht and when is it needed

A verklaring van erfrecht is a notarial certificate identifying the heirs and who may act for the estate, often the executor. Banks and the land registry commonly require it to release funds or transfer real estate. The time to obtain it varies with the availability of civil registry documents and family complexity, often several weeks after all information is provided.

How are international situations handled

Cross-border estates are guided by the EU Succession Regulation. Usually the law of the deceased’s habitual residence applies, but a person can choose the law of their nationality in their will. Foreign real estate may trigger additional local formalities. If you have multiple nationalities, foreign assets, or heirs abroad, coordinate notarial and legal advice in every relevant country.

What inheritance tax might be due and when is it payable

The Netherlands levies inheritance tax based on the relationship to the deceased and the taxable amount after exemptions. Children and partners usually face lower rates than more distant relatives or non-relatives. Exemptions and rate bands are indexed annually and differ for partners, children, parents, grandchildren, and others. The tax return is generally due within 8 months after death, and interest may accrue thereafter. A tax adviser or notary can help apply exemptions and plan liquidity.

Is a handwritten codicil or a living will valid

A handwritten and dated codicil is valid only for limited personal items and funeral wishes. It cannot appoint an executor, leave money or real estate, or change most will clauses. A living will, called a levenstestament, is a notarial power of attorney for financial and care matters during life. It has no effect after death and does not replace a testamentary will.

Additional Resources

Belastingdienst - the Dutch Tax Administration provides rules, exemptions, and forms for inheritance tax and can issue assessments following your return.

Centraal Testamentenregister - the Central Register of Wills records the existence and date of wills so a notary can find the last will after a death.

Koninklijke Notariële Beroepsorganisatie - the Royal Dutch Association of Civil-law Notaries offers general guidance on notarial services and professional standards.

Rechtbank Noord-Nederland - the District Court of North Netherlands handles disputes about estates, guardianship matters, and forced-share claims in this region.

Gemeente De Wolden - the municipal civil registry records deaths and issues extracts needed by notaries and banks for estate settlement.

Het Juridisch Loket - a public service that gives basic legal information and can help you prepare for a consultation with a lawyer or notary.

Centraal Register Levenstestamenten - the register where notaries can check the existence of a living will or enduring power of attorney.

Next Steps

Clarify your goals. Decide whom you want to inherit, who should administer your estate, and whether you need to protect a spouse or partner with a usufruct or living arrangements. If you have minor children, consider appointing a guardian and a trustee or administrator.

Gather documents. Collect identification, marital or partnership contracts, previous wills or codicils, details of children and stepchildren, a list of assets and debts, and information on foreign property or citizenships. After a death, also gather the death certificate and municipal registry extracts.

Choose the right professional. For drafting or updating a will, make an appointment with a civil-law notary in the Drenthe region. If there is a dispute, a forced-share claim, suspected undue influence, or cross-border conflict, consult an inheritance lawyer. In many cases you will benefit from both working together.

Plan for taxes and liquidity. Discuss inheritance tax exemptions, gifts made during life, and how taxes will be funded. If there is a business, consider business-succession relief and governance arrangements.

Act promptly after a death. Do not use estate assets before you decide how to accept the inheritance. Ask a notary about acceptance options and a verklaring van erfrecht. Keep the 8-month inheritance tax timeline in view. Executors should inventory assets and debts, communicate with heirs, and document decisions.

Review regularly. Revisit your plan after major life events such as marriage, divorce, the birth of a child, buying or selling a home, business changes, or moving abroad. Laws and tax thresholds change, so periodic updates help keep your wishes effective.

This guide provides general information, not legal advice. For advice tailored to your situation in Ruinen and the wider Drenthe area, speak with a qualified notary and, where appropriate, an inheritance lawyer.