Blogs.

How do I get rid of the executor?

Lawyer and mediator Sabrina de Jong

Published on 10 February 2023 - Reading time 5 minutes

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 not... read more

How do I get rid of the executor?

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

Lawyer and mediator Sabrina de Jong

Published on 01 November 2022 - Reading time 3 minutes

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 sta... read more

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

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

Published on 05 September 2022 - Reading time 3 minutes

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 ... read more

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

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

Paralegal Roos Copper

Published on 10 May 2022 - Reading time 2 minutes

Previously, we informed you about the possibilities of an 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... read more

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

In the event of a divorce, am I entitled to compensation for my (ex-)partner's business?

Paralegal Roos Copper

Published on 22 March 2022 - Reading time 3 minutes

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, ... read more

In the event of a divorce, am I entitled to compensation for my (ex-)partner's business?

Rights and duties of a stepparent in 2021

Published on 02 December 2021 - Reading time 4 minutes

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... read more

Rights and duties of a stepparent in 2021

Can I get permission from the judge for future vacations with my minor children?

Published on 06 October 2021 - Reading time 3 minutes

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 t... read more

Can I get permission from the judge for future vacations with my minor children?

Vaccinating children against the coronavirus

Published on 21 September 2021 - Reading time 3 minutes

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 ... read more

Vaccinating children against the coronavirus

Spousal support: what if my ex-partner doesn't want to work?

Published on 09 August 2021 - Reading time 5 minutes

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 ... read more

Spousal support: what if my ex-partner doesn't want to work?

Spousal support and the entrepeneur

Published on 28 July 2021 - Reading time 3 minutes

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 fina... read more

Spousal support and the entrepeneur

Which living expenses does the court take into account when calculating child support?

Published on 21 July 2021 - Reading time 4 minutes

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-rat... read more

Which living expenses does the court take into account when calculating child support?

Should the statutory portion be abolished?

Lawyer Coen van den End

Published on 18 June 2021 - Reading time 4 minutes

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 ti... read more

Should the statutory portion be abolished?

Establishing whether someone is legally competent: how does it work?

Published on 15 June 2021 - Reading time 5 minutes

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 que... read more

Establishing whether someone is legally competent: how does it work?

Litigation costs order in family law

Published on 09 June 2021 - Reading time 3 minutes

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 Pro... read more

Litigation costs order in family law

What can be seen as cross-stay expenses for children in 2020?

Published on 18 February 2021 - Reading time 2 minutes

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 b... read more

What can be seen as cross-stay expenses for children in 2020?

Can my ex-partner decide to relocate with our children? A judicial prohibition to relocate and a court order to move back further explained.

Published on 18 February 2021 - Reading time 5 minutes

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 bac... read more

Can my ex-partner decide to relocate with our children? A judicial prohibition to relocate and a court order to move back further explained.

When can I claim a part of the inheritance my partner receives?

Published on 11 January 2021 - Reading time 3 minutes

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 testa... read more

When can I claim a part of the inheritance my partner receives?

What if my partner and I want to draw up a prenuptial agreement after we are married?

Published on 24 July 2019 - Reading time 3 minutes

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 ... read more

What if my partner and I want to draw up a prenuptial agreement after we are married?