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  • SILK Advocaten & Mediators 11/09/23

    Heir in a Dutch estate: what to be aware of when accepting a Dutch estate

    Silk Team
  • SILK Advocaten & Mediators 10/02/23

    How do I get rid of the executor?

    Silk Team
  • SILK Advocaten & Mediators 01/11/22

    What if my minor child is an heir in an estate?

    Silk Team
  • SILK Advocaten & Mediators 05/09/22

    Should an executor inform me as an heir about the settlement of the estate?

    Silk Team
  • SILK Advocaten & Mediators 10/05/22

    Order to pay litigation costs: a new trend in family law?

    Silk Team
  • Suppose you have been named heir in a Dutch estate. You must then make a choice about rejecting or accepting the inheritance. In rejecting an inheritance, you indicate that you are completely renouncing the inheritance. When you wish to accept, there are two options for this purpose: you can accept the estate purely or declare to accept beneficial. In this blog, I explain these two forms of acceptance and their consequences under Dutch law.

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  • An executor can be considered a trustee of the testator. After all, this person was appointed by the testator in the will to handle the estate. But what if the executor fails to perform his duties properly, late, or even refuses to perform them at all? In this blog, I explain what it takes to (have) an executor dismissed by the court. Please note that in this blog I assume Dutch law applies.

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  • Your minor child may have been named as an heir in an estate of a relative or someone close to them. As a parent and legal representative, what should you do if this occurs? I would like to explain that to you in this blog. Please note that in this blog I assume that Dutch law applies on the matter. Child designated as an heir in a will As stated, it is possible that your child is listed as an heir in a will.

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  • In many Dutch wills, the testator has appointed an executor (also known as executor testamentary) whose task is to settle the estate. If you are an heir in such an estate, you will have to deal with this executor. In the blog below, I will explain what duties the executor has under Dutch law, what the relationship between the executor and heirs is, what information an executor is required to provide to the heirs, and what you can do if this does not happen.

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  • Previously, we informed you about the possibilities of a order to pay litigation costs in family law based on Dutch law. We explained that unnecessary litigation by one of the parties can be a reason for the judge to make an award of costs, based on Dutch law. Recently, there have been three verdicts that show a trend regarding the order to pay legal costs in divorce proceedings. Order for costs of proceedings In a judgment of 7 December 2021, the Zeeland West Brabant District Court (ECLI:NL:RBZWB:2021:6148) ordered the husband to pay the costs of the proceedings.

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  • If you got married after 1 January 2018 without drawing up a prenuptial agreement, based on Dutch law you are married in a limited community of property. In broad terms this means that everything that was not acquired together before the marriage remains private even after the marriage. For more information on the limited community of property, I kindly refer you to an earlier blog on our website. Premarital business If your (ex-)partner has founded an enterprise prior to the marriage, this enterprise is not included in your limited community of property.

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  • More and more minors in the Netherlands are part of a blended family. In addition to their parents, these children also have to deal with stepparents. In certain cases a stepparent is legally obligated to contribute to the costs of the care and upbringing of the children of his/her new partner. In this blog I explain which rights and obligations a stepparent has and discuss recent case law in which there was a possible obligation of the stepparent to pay maintenance.

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  • When there is joint parental authority this means that you cannot go abroad with your minor child(ren) without the permission of your ex-partner. This permission must be given in writing using a form. This form can be downloaded via this link. For a detailed explanation of when permission from your ex-partner is and is not needed, I refer you to an earlier blog of mine. What if my ex-partner does not give permission?

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  • Since 2 July 2021, children aged 12 to 17 can receive a Pfizer vaccine against the coronavirus. Vaccinating children in general Judges consider vaccinations under the National Vaccination Programme to be medical treatment, intended to protect children from contracting a disease, according to case law (see for example: Rotterdam District Court 14 January 2019, ECLI:NL:RBROT:2019:693). The starting point is that medical treatment requires the consent of the patient. For minors, this is regulated in the law as follows.

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  • If you are married or have entered into a registered partnership, you are liable to pay spousal support to each other in the event of a separation. In this blog I explain how the Dutch Courts determines spousal support and to what extent the obligation to work (more) can be imposed on an ex-partner. Determining the so-called ‘marital need’ In spousal support cases, the court must first determine what the marriage-related need is for both parties.

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  • When you are getting divorced, you may have to pay spousal support to your ex-partner. In first instance, it is important that the person asking for spousal support is unable to provide for himself/herself. This is also called neediness. Subsequently, the marital need must first be established. This means determining what both parties need financially after the ending of their relationship to enjoy the same degree of prosperity as during the relationship.

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  • Earlier this year the Supreme Court, the highest court in the Netherlands, gave its opinion on the flat-rate living expenses in child support. In this blog I will explain what the fixed housing costs are and in which cases, according to the Supreme Court, the actual living costs can be taken into account when determining child support. Flat-rate living expenses Since 2013, the Expert Group on Alimony advises to take 30% of the net disposable income into account when calculating the financial capability of the obligated party to pay child support.

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  • Should the statutory portion be abolished? Or should the statutory portion, as it is currently stated in the Dutch law, continue to exist? If so, should this be maintained unchanged or should changes be made by the legislator? Such questions about the statutory portion remain a recurring theme and, in fact, they have been discussed for a long time and date back to before the introduction of the current inheritance law in 2003.

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  • The term ‘legally competent’ indicates whether someone is capable of making certain decisions for themselves and in fact refers to the right to self-determination that someone has. In several places in Dutch law, the counterpart of this term, ’legally incompetent’ occurs. Legal test for legal capacity when drawing up or amending a will The question whether someone is legally competent or incapable is often used in relation to medical decisions. But the term also plays an important role with regard to legal decisions.

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  • Despite the fact that in civil law it is common for the party who loses the case to be ordered to pay the litigation costs, this is a rarity in family law. In this blog I will discuss the situations when an order to pay legal costs in family law is possible. Main rule: compensation of legal costs According to Dutch law (article 237 Code of Procedure) in civil law, the party found to be in the wrong by judgment is ordered to pay the costs.

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  • When you and your ex-partner separate, the costs of care and upbringing of your children will have to be divided between the two of you. There is a distinction to be made between accommodation/daily expenses and cross-stay expenses for your children. In this blog, I will briefly list these expenses and indicate, using a recent ruling, what has been added to them in 2020. Accommodation/daily expenses Accommodation/daily expenses are the costs incurred by the parent during the time the child is staying with him or her.

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  • After a divorce, one or both parents may have a strong desire to move with the children. This could be because of a new job, new partner or other reason. However, this is not something that can be done overnight. In this blog I explain what is legally possible to prevent a planned relocation without the consent of the other parent or to turn back a relocation that has already taken place.

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  • In this blog I explain in what situation you can claim a part of the inheritance that your partner receives, based on Dutch law. This depends both on what the testator included in his/her will and what you agreed with your partner. What is in the testator’s will? The first step is to determine whether the will of the person who died, the testator, contains a provision on how the estate should be handled in the event that one of the heirs has a partner.

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  • Suppose you are married in a general or limited community of property based on Dutch law and you intend to draw up a prenuptial agreement. Is that possible and if so, what are the consequences? In this blog I would like to answer these questions. General vs. limited community of property Since 1 January 2018 Dutch matrimonial property law has changed. If you got married after this date and did not draw up a prenuptial agreement, you will be married in a limited community of property.

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  • A lot of people wonder whether a child can be ‘disinherited’ by his parent(s) as a result of which a child receives nothing from the estate of his/her parent(s). The answer is (in principle): yes, it is possible to be disinherited. But no, this does not have to mean that you will not receive anything from the estate of your parent(s) since the legislator has determined that children are entitled to a portion of the estate of their parent.

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