Estate Planning · Netherlands
Find an estate planning lawyer in Netherlands for your will, estate and family arrangements
Estate planning in the Netherlands brings together wills, matrimonial property and succession law, with the notarial system at its centre. When a will is contested, a legitieme portie claim is raised or property has to be transferred, you need an advocaat who works in this field every week. We match you with one — free of charge and without obligation.
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Estate planning · Netherlands
Estate planning in the Netherlands: what a lawyer actually does
Estate planning in the Netherlands sits at the meeting point of succession law, matrimonial property law and the notarial system. Since 1 January 2018 the default regime for married couples is the limited community of property, so assets, debts, inheritances and gifts generally stay private to the spouse who received them unless a prenuptial agreement says otherwise. Dutch law also allows broad testamentary freedom: children may be disinherited, but a disinherited descendant keeps a monetary claim to the legitieme portie. Wills, property transfers and mortgages pass before a notaris and, for immovable property, are registered with the Kadaster. An estate planning lawyer in Netherlands coordinates this and works alongside your notary. Tell us your situation and we match you, free of charge, with an advocate who handles estate planning.
Netherlands in practice
How estate planning works in the Netherlands
Estate planning in the Netherlands is shaped by the Burgerlijk Wetboek, a notarial profession that holds a central role in private law, and a judiciary that decides cases without juries. The points below set out the framework an advocate works within, from notarial deeds to the deadlines that determine whether a claim survives.
Wills and deeds go through a notaris
In Dutch private law the notaris is a mandatory public official for making wills, transferring immovable property, registering mortgages and incorporating companies. A transfer of real property requires a notarial deed executed between the parties, which is then registered in the public registers kept by the Kadaster, providing legal certainty about ownership and encumbrances.
Limited community of property since 2018
Since 1 January 2018 the default matrimonial property regime is the beperkte gemeenschap van goederen under Article 1:94 of the Civil Code. Assets and debts acquired before the marriage, and inheritances or gifts received before or during it, stay private to the spouse who received them; only assets acquired jointly are divided 50/50 on divorce. Couples may opt for another regime by executing huwelijkse voorwaarden before a notary.
Testamentary freedom and the legitieme portie
Dutch succession law grants broad testamentary freedom, so children can be disinherited. A disinherited descendant nevertheless keeps a claim to the legitieme portie, a purely monetary claim against the estate equal to half of their intestate share under Articles 4:63 and 4:65 of the Civil Code. It confers no right to specific assets and must be claimed within five years of death under Article 4:85.
The surviving spouse and intestacy
The surviving spouse has no forced share, yet Dutch law protects them strongly as an heir. Where there is no will, the statutory order of inheritance applies. Beneficiaries must also decide within three months whether to accept or renounce an inheritance, which is why mapping the position early is usually more useful than reacting later.
Where estate disputes are heard
First-instance civil cases go to one of the eleven district courts, the rechtbanken; within each, the kantonrechter handles claims up to EUR 25,000 as well as all employment and tenancy matters. Appeals proceed to one of the four gerechtshoven and cassation to the Hoge Raad, which reviews questions of law only. There are no juries.
Representation, court fees and legal aid
Before the civil chamber of the rechtbank for claims above EUR 25,000, and in all appeals and cassation, an advocaat is compulsory. A griffierecht is payable by both parties, with 2026 rates for natural persons of EUR 341, EUR 1,414 or EUR 2,803 depending on the value of the claim. Advocates’ fees are freely agreed, and lower-income clients may obtain a toevoeging covering part of the cost.
Key time limits — Inheritance, Probate & Wills
| Matter | Deadline | Note |
|---|---|---|
| Acceptance or renunciation of an inheritance | 3 months | Beneficiaries must decide whether to accept or renounce the inheritance within this period. |
| Claim to the legitimate portion (legitieme portie) | 5 years from death | A disinherited descendant must bring this monetary claim within five years of the death. |
The country data on this page comes from official Netherlands sources — wetten.overheid.nl, rechtspraak.nl, rijksoverheid.nl and the Nederlandse Orde van Advocaten — consulted in January 2026.
- Rechtspraak — organisation of the Dutch judiciary
- Nederlandse Orde van Advocaten — the Dutch Bar
- Rijksoverheid — do I need a lawyer and what does one cost?
- Rijksoverheid — court fees in civil proceedings (griffierecht)
- Rijksoverheid — applying for subsidised legal aid
- Wetboek van Burgerlijke Rechtsvordering — limitation periods
- Burgerlijk Wetboek — succession and the legitieme portie
- Burgerlijk Wetboek — matrimonial property regimes
- Grondwet — professional judiciary and cassation
Common concerns
The questions clients bring to us first
Estate planning touches families, property and tax questions at the same time, which is why so many people hesitate before taking the first step.
A will that no longer fits
A will drafted years ago, or in another country, may not produce the result you intend in the Netherlands — especially where the limited community of property or the legitieme portie is involved.
Family arrangements never discussed
Without a will the statutory order of inheritance applies, and a surviving spouse or children may receive an outcome nobody in the family had planned for or expected.
Unclear who does what, and at what cost
Wills and transfers pass before a notaris, court disputes require an advocaat, and fees are freely agreed — so it is rarely obvious which professional to instruct first.
How we help
A lawyer who already knows this field
We do the sorting for you: the practice area, the city and the working language, then a single introduction to a specialist.
Specialists in Dutch succession law
We match you with advocates who work with the Burgerlijk Wetboek, the notarial system and the Kadaster, so your will, your property and your family arrangements are considered together rather than in isolation.
One conversation, not twenty
You describe your situation once. We identify the practice area, the city and the language you need, then introduce a lawyer who handles that kind of work as part of their everyday practice.
Clarity on representation rules
We explain when an advocaat is compulsory — civil claims above EUR 25,000, and all appeals and cassation — and when the kantonrechter allows you to conduct your own case without a lawyer.
Guidance on legal aid
Where income and assets fall below the statutory thresholds, your advocate can apply to the Raad voor Rechtsbijstand for a toevoeging, so the State pays part of the cost and you pay a means-tested contribution.
Also available in
Cross-border estate planning across Europe
If your family, property or business spans more than one country, we can also match you with specialists in the following jurisdictions.
Frequently asked
Estate planning in the Netherlands: your questions
Do I need an estate planning lawyer in Netherlands, or is a notary enough?
Many estate planning steps in the Netherlands run through a notaris: wills, notarial deeds and property transfers registered with the Kadaster. An estate planning lawyer in Netherlands becomes essential when a will is disputed, when a legitieme portie claim or a matrimonial property question arises, or when a matter goes before the rechtbank, where representation by an advocaat is compulsory above EUR 25,000.
What happens if someone dies without a will in the Netherlands?
The statutory order of inheritance in the Civil Code applies, and the surviving spouse is strongly protected as an heir even though they hold no forced share. Beneficiaries must decide whether to accept or renounce the inheritance within three months, so advice taken early in the process is usually more useful than advice taken after the period has run.
Can I disinherit my children in the Netherlands?
Yes. Dutch law grants broad testamentary freedom, so children can be disinherited. A disinherited descendant keeps the legitieme portie, a monetary claim against the estate equal to half of their intestate share under Articles 4:63 and 4:65 of the Civil Code. It gives no right to specific assets and must be claimed within five years of death.
How does marriage affect estate planning in the Netherlands?
Since 1 January 2018 the default regime is the limited community of property under Article 1:94 of the Civil Code. Assets and debts from before the marriage, and inheritances or gifts, stay private to the spouse who received them, while jointly acquired assets are divided 50/50 on divorce. Huwelijkse voorwaarden allow a different regime.
Which deadlines matter most in an estate matter?
A claim to the legitieme portie must be brought within five years of death, a decision to accept or renounce an inheritance within three months, and general contractual or tort claims within five years. The residual limitation period is twenty years. Your lawyer will confirm which period applies to the facts of your case.
What will a lawyer cost, and can I get legal aid?
Advocates agree their fees freely with the client; there is no binding statutory hourly rate. In court a griffierecht is payable by both parties, and the losing party normally contributes to the winner’s costs under a published standardised scale. If your income and assets are below the statutory thresholds, your advocate can request a toevoeging, leaving a means-tested own contribution.
Next step
Tell us what you need to arrange
Whether you want a will reviewed, a matrimonial property question answered, a property transfer prepared or an estate dispute assessed, describe your situation in a few lines. We will match you with an estate planning lawyer in Netherlands who handles that work, at no cost and with no obligation to instruct.