Wills & Succession · Netherlands

Work with wills lawyers in Netherlands on your will and estate

Whether you are drafting a will, settling an estate or defending a legitimate portion, Dutch succession law has its own logic and its own formalities. Our free service introduces you to lawyers who handle Dutch wills and estates as part of their daily practice.

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Succession law in the Netherlands

Wills and estates: how the Dutch framework works

Dutch succession law gives you considerable freedom to decide who inherits what — but the formalities matter. A will in the Netherlands must be made before a notaris, and the rules on the legitieme portie, the surviving spouse’s position and the acceptance of an inheritance are precise. If you are planning your estate, contesting a will, or claiming a legitimate portion, wills lawyers in Netherlands can explain how the Burgerlijk Wetboek applies to your situation. Our free matching service puts you in touch with an advocaat or notarial specialist who handles Dutch succession matters, in Dutch or in English. There is no charge to be matched, and you decide whether to proceed.


Netherlands in detail

How succession and wills work in the Netherlands

Succession in the Netherlands sits in Book 4 of the Burgerlijk Wetboek, and the notaris is at the centre of it: a will takes effect as a notarial deed. Here is how the framework operates in practice, and where an advocaat becomes relevant to your case.

A will must be executed before a notaris

In the Netherlands the notaris is a mandatory public official for the making of wills, alongside property transfers, mortgages and the incorporation of companies. Dutch law does not treat a private, handwritten document as a substitute for the notarial deed. That is why clients planning their estate normally start with a notaris, and bring in an advocaat when the will is disputed.

Broad testamentary freedom, limited by the legitieme portie

Dutch succession law grants wide freedom of testation: you may disinherit a child. However, a disinherited descendant keeps a claim to the legitieme portie, a purely monetary claim against the estate equal to half of what their intestate share would have been, under Articles 4:63 and 4:65 of the Civil Code. It gives no right to specific assets.

Five years to claim the legitimate portion

The claim to the legitieme portie must be brought within five years of the deceased’s death, under Article 4:85 of the Civil Code. Because the claim is monetary and directed against the estate, timing and valuation matter: heirs may already have distributed assets. An advocaat can assess the estate’s value and pursue the claim before the period lapses.

Accepting or renouncing an inheritance: three months

An heir has three months to accept or renounce an inheritance under Dutch law. Renunciation matters where debts may exceed the assets, because accepting without reflection can leave you personally exposed. Before deciding, have the estate reviewed; a notaris or advocaat can explain the options and prepare the declaration within the three-month period.

Real property, the Kadaster and the notarial deed

Transferring immovable property in the Netherlands requires a notarial deed between the parties and registration of that deed in the public registers, under Article 3:89 of the Civil Code. The Kadaster keeps those registers and provides certainty about ownership and encumbrances such as mortgages and easements. This is why estate planning and property questions so often run through the notaris.

When you need an advocaat, and what it costs

Estate disputes are civil proceedings. Representation by an advocaat is compulsory before the civil chamber of the rechtbank for claims above EUR 25,000; below that threshold the kantonrechter hears the case and parties may appear in person. A court fee (griffierecht) is payable by both sides, advocates’ fees are freely agreed, and subsidised legal aid through a toevoeging is available.

Key time limits — Inheritance, Probate & Wills

Matter Time limit Notes
Acceptance or renunciation of an inheritance 3 months The heir decides within this period whether to accept or to renounce.
Claim to the legitimate portion (legitieme portie) 5 years from death A disinherited descendant’s monetary claim against the estate.

Common situations

Why clients look for a wills lawyer in the Netherlands

Most enquiries about Dutch wills and estates fall into a small number of situations, and each one has its own procedural logic.

01

No will, or a will that no longer fits

Perhaps you have never made a Dutch will, or the one you signed years ago no longer reflects your family, your property or a business interest. The notaris can only act on instructions that reflect your current wishes.

02

A disputed or unclear estate

Family members may disagree about the interpretation of a will, the value of the estate or the position of the surviving spouse. Once heirs stop talking, a civil procedure before the rechtbank becomes a real possibility and legal argument takes over.

03

A legitimate portion you believe is being ignored

If you were disinherited, you may be entitled to the legitieme portie — a monetary claim worth half your intestate share. It must be pursued within five years of the death, and the estate may already be distributed.


How matching helps

What you get when we match you

A short, neutral introduction to the right kind of lawyer for your Dutch succession question.

Lawyers who work with Dutch succession law

We match you with advocaten and notarial specialists whose practice covers wills, estates and the legitieme portie, so you are not explaining Dutch Civil Code basics to a generalist.

One request, several relevant lawyers

You describe your situation once. We pass it only to lawyers who handle the matter, and you compare their approach, availability and fee structure before you commit to anything.

Free to be matched, no obligation

Being matched costs you nothing. You decide whether to instruct the lawyer, and fees are agreed directly with them — whether on an hourly basis or otherwise — before any work begins.

Dutch procedure explained in clear terms

Your lawyer can explain the steps that apply to your case in the Netherlands: the notarial deed, the Kadaster entry for property, a possible procedure before the rechtbank, and whether subsidised legal aid could apply to you.


Also available in

Wills lawyers in other European countries

Succession rules differ from country to country, especially where property, spouses and children cross a border. If your estate touches another jurisdiction, we can match you there as well.

BelgiumGermanyFranceLuxembourgUnited KingdomIrelandSpainItalyPortugalAustriaSwitzerlandDenmarkSwedenPoland

Questions and answers

Wills in the Netherlands: frequently asked questions

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

Not for the deed itself: a will must be executed before a notaris, who is the mandatory public official for making wills in the Netherlands. An advocaat becomes relevant when you need advice on the legitieme portie, the position of a surviving spouse, or a will that is being disputed.

Can I disinherit my children under Dutch law?

In broad terms, yes: Dutch succession law allows wide testamentary freedom and a child can be disinherited. However, a disinherited descendant retains the legitieme portie, a purely monetary claim against the estate equal to half of the intestate share, under Articles 4:63 and 4:65 of the Civil Code.

How long do I have to claim the legitimate portion?

Five years from the date of death, under Article 4:85 of the Civil Code. The claim gives you no right to specific assets — it is a monetary claim against the estate — so an early review of what the estate is worth is often sensible.

When can wills lawyers in Netherlands represent me in a dispute?

Estate disputes are civil proceedings. Representation by an advocaat is compulsory before the civil chamber of the rechtbank for claims above EUR 25,000, and before the courts of appeal and the Hoge Raad. For claims up to EUR 25,000 the kantonrechter hears the case and you may appear in person.

How much does a wills lawyer cost in the Netherlands?

Advocates’ fees are freely agreed between you and the lawyer; there is no binding statutory tariff. If your income and assets are below the statutory thresholds, subsidised legal aid may be granted through a toevoeging, with a means-tested own contribution. A court fee (griffierecht) is also payable by both sides in civil cases.

How long do I have to accept or renounce an inheritance?

Three months. If debts in the estate may exceed its assets, the decision deserves proper review before the period expires, because accepting an inheritance can expose you personally. A notaris or advocaat can explain the consequences for your situation.


Next step

Tell us about your will or estate in the Netherlands

Describe your situation in a short form — a will to draft, an estate to settle, or a legitimate portion to claim. We match you free of charge with wills lawyers in Netherlands who handle Dutch succession matters, and you decide whether to instruct them.

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