Best Will & Testament Lawyers in Spier

About Will & Testament Law in Spier, Netherlands

Spier is a village in the municipality of Midden-Drenthe. Residents of Spier fall under Dutch national inheritance law, which is codified mainly in Book 4 of the Dutch Civil Code. In the Netherlands, a will is typically executed as a notarial deed before a civil-law notary. The will is then registered in the Central Register of Wills, the Centraal Testamentenregister. A handwritten codicil has very limited use and is not a substitute for a notarial will.

Dutch law allows you to appoint heirs, make specific gifts, set conditions, exclude spouses of heirs through an exclusion clause, appoint an executor, and arrange guardianship for minor children. Children have a protected monetary claim known as the legitime portie. If you have international ties, the EU Succession Regulation may allow you to choose the law that governs your estate.

Why You May Need a Lawyer

Although a civil-law notary prepares and executes wills, a lawyer can be valuable when your situation involves legal risk or dispute. Common reasons to seek legal help include blended families, disinheriting a child, protecting a vulnerable heir, complex or high-value assets, business succession, real estate in multiple jurisdictions, prior marriages or prenuptial agreements, cross-border citizenship or residence, charitable planning, creditor issues or insolvency risk, and potential conflicts among heirs or with an executor.

Lawyers can advise on litigation strategy, negotiate settlements, represent you in court if needed, and coordinate with your notary and tax advisor to ensure your plan is valid, enforceable, and tax aware.

Local Laws Overview

Form of will. A Dutch will is made by notarial deed before a civil-law notary. The notary verifies identity and capacity, records your wishes, and registers the will in the Central Register of Wills. You can appoint an executor to administer the estate and an administrator or guardian for minors. You can also include an exclusion clause to keep inheritances outside a spouse or partner’s community of property.

Codicil. A handwritten codicil is valid only for limited items like personal effects and must be entirely handwritten, dated, and signed. It cannot be used to appoint heirs or an executor and cannot deal with real estate or money gifts.

Intestacy. If there is no will and you leave a spouse or registered partner and children, Dutch law applies the statutory division. The spouse acquires the assets and debts of the estate, while the children receive monetary claims against the spouse equal to their shares, generally payable upon the spouse’s death or certain trigger events. If there is no spouse or children, the law specifies the next classes of relatives.

Forced share of children. Children have a protected monetary claim called the legitime portie. It is equal to half of their statutory share and is a cash claim against the estate. A will cannot remove this protected claim, although it can affect timing and administration.

Marital property effects. Your marital property regime affects what is in your estate. Since 2018, the default regime is a limited community of property. Marriages concluded before 2018 may fall under a broader community unless a prenuptial agreement applies. A lawyer or notary can clarify what belongs to the estate.

Acceptance of inheritance. Heirs can accept purely, accept under benefit of inventory, or reject. Pure acceptance makes an heir fully liable for estate debts. Acceptance under benefit of inventory limits liability to the estate’s assets. Certain actions can imply pure acceptance, so get advice before dealing with assets.

Procedure after death. The notary can issue a certificate of inheritance, the verklaring van erfrecht, which banks and registries often require. The executor or heirs make an inventory, settle debts, and distribute according to the will or law. Cross-border estates may require a European Certificate of Succession for use in other EU countries.

Inheritance tax. Beneficiaries may owe inheritance tax, with exemptions and progressive rates that depend on the relationship to the deceased. Charities with ANBI status are generally exempt. Returns are usually due within a set period after death, and interest may accrue. Check current thresholds and deadlines with the Dutch Tax Administration.

International aspects. Under the EU Succession Regulation, the law of the country of the deceased’s habitual residence generally applies, unless a valid choice of law has been made in the will. Dutch citizens and many foreign nationals living in the Netherlands can choose the law of their nationality in their will, which can be helpful for cross-border families and assets.

Frequently Asked Questions

Do I need a notary to make a will in Spier

Yes. A Dutch will must be executed as a notarial deed before a civil-law notary. The notary ensures validity, capacity, and proper registration. A handwritten document is not a valid will in the Netherlands.

What can a handwritten codicil cover

A handwritten codicil can only deal with limited personal items such as jewelry or furniture and must be fully handwritten, dated, and signed. It cannot appoint heirs or an executor, and it cannot dispose of real estate or money.

Can I disinherit my child

You can exclude a child as an heir in a will, but Dutch law protects each child’s forced share. The child can claim a monetary amount equal to half of their statutory share. A lawyer or notary can help you plan with this rule in mind.

What happens if I die without a will

Intestacy rules apply. If you leave a spouse or registered partner and children, the statutory division gives the spouse the estate, and the children receive monetary claims. If there is no spouse or children, the law designates other relatives. A will lets you change this default and appoint an executor or guardian.

What is a verklaring van erfrecht and when is it needed

It is a notarial certificate of inheritance confirming who the heirs are and who may act for the estate. Banks, insurers, and the land registry often require it before allowing access to accounts or transfer of property.

What are my options for accepting or rejecting an inheritance

You can accept purely, accept under benefit of inventory to limit liability to estate assets, or reject entirely. Be careful not to act in a way that implies pure acceptance before taking advice.

When is inheritance tax due and who pays it

Beneficiaries may owe inheritance tax based on their relationship to the deceased and the amount received. There are exemptions and progressive rates. A tax return is generally due within months after death. The Dutch Tax Administration can confirm current deadlines and thresholds.

How can I provide for my partner if we are not married

Unmarried and unregistered partners do not automatically inherit. You must make a will to provide for a partner. You can also consider cohabitation agreements and ensure your partner meets conditions for any tax partner status and exemptions.

Can I appoint a guardian for my minor children

Yes. You can appoint a guardian in your will. This ensures continuity of care and avoids uncertainty if both parents are deceased or unable to care for the children.

How are international situations handled if I live in Spier but have foreign nationality or assets

The EU Succession Regulation generally applies the law of your habitual residence at death, but you may be able to choose the law of your nationality in your will. Assets in other countries may require local procedures. A notary or lawyer with cross-border experience can coordinate the plan and necessary documents such as a European Certificate of Succession.

Additional Resources

Centraal Testamentenregister

Koninklijke Notariële Beroepsorganisatie KNB

Belastingdienst Inheritance Tax desk

Rechtbank Noord-Nederland

Gemeente Midden-Drenthe Civil Affairs department

Kadaster Netherlands Land Registry

Kamer voor het Notariaat disciplinary body for notaries

Netherlands Council for the Judiciary information service

Next Steps

Clarify your goals. Decide who should inherit, who should manage the estate, and who should care for minor children. Consider protections for vulnerable heirs and any charitable gifts.

Gather documents. Collect identification, marital or partnership agreements, prior wills or codicils, deeds, business documents, insurance policies, and a list of assets and debts including digital accounts.

Consult local professionals. Contact a civil-law notary near Spier to draft or update your will and, if needed, a lawyer for complex, contested, or cross-border issues. Ask about the executor role, guardianship, exclusion clauses, and choice-of-law options.

Plan for taxes. Discuss inheritance tax exposure, available exemptions, and timing of filings. Coordinate with a tax advisor if your estate is sizable or international.

Consider a living will. A levenstestament is a notarial power of attorney for financial and care decisions during incapacity. It complements, but does not replace, a will.

Document and communicate. Sign the notarial will, keep copies in a safe place, and inform your executor and key family members of the notary’s details. The notary will register the will in the Central Register of Wills.

Review periodically. Revisit your plan after major life events such as marriage, divorce, birth, death in the family, significant asset changes, moving abroad, or changes in the law.

This guide is general information for residents of Spier and nearby communities. For advice tailored to your circumstances, consult a qualified notary and, where appropriate, a lawyer.