Do you live abroad and have a right to an inheritance from the Netherlands? Here's what you need to know.

Do you live abroad and have a right to an inheritance from the Netherlands? Here’s what you need to know.

When a family member or loved one passes away in the Netherlands while you are living abroad, you may wonder whether you are entitled to an inheritance. Perhaps you are an heir, or you suspect that you may be entitled to (a share of) the estate in some other way.

But how does that work when you’re not living in the Netherlands? And how can you find out whether a will exists?

At SILK Advocaten & Mediators, we regularly assist heirs living abroad with questions about their rights and the handling of a Dutch estate. In this blog, I explain what steps you can take and what to be aware of.

Where do you start as an heir living abroad?

As a distant heir, it’s important to quickly gain an overview of the situation. The first questions to consider are:

• Is there a will?
• Who are the other heirs or beneficiaries?
• Which notary and/or executor is involved?

From abroad, it is advisable to contact a Dutch lawyer who specializes in international inheritance law. They can assist you in obtaining documents, corresponding with other heirs, and guiding you through the settlement process and any legal proceedings related to the estate in the Netherlands.

Requesting a will: the Central Register of Wills

In the Netherlands, you can find out whether someone has drawn up a will through the Centraal Testamentenregister (Central Register of Wills). This is an official register that shows whether a will exists, which notary prepared it, and on what date.

You will not automatically receive a copy of the will, but you will be referred to the notary who holds it. Even if you live abroad, you can submit this request - either in writing or digitally.

This step is essential in determining your rights as a foreign heir to a Dutch inheritance.

International inheritance law: which law applies to the estate?

An important question is: which law applies to the estate? This determines the legal rules that govern the settlement of the inheritance.

For deaths occurring on or after August 17, 2015, the European Succession Regulation applies. The main rule is that the law of the country where the deceased had their “habitual residence” applies. If the deceased lived in the Netherlands prior to their death, then Dutch inheritance law applies, and the Dutch courts are competent to handle the matter.

Sometimes, the deceased will have chosen in their will to apply the inheritance law of their country of nationality. This is another reason why it is important to first verify whether a will exists, and if so, what its contents are.

Even if you were disinherited: your right to a “legitieme portie” (statutory portion)

Are you a child of the deceased but disinherited in the will? Under Dutch law, you may still be entitled to part of the inheritance: the so-called legitieme portie.

This statutory portion is a minimum share to which children are always entitled, even if they are not included in the will. It is a monetary claim, not a share of ownership in the estate’s assets.

Note: You must claim the legitimate portion within five years of the date of death. This deadline also applies to heirs residing abroad.

Practical tips for heirs living outside the Netherlands

Handling an inheritance from abroad requires additional attention. With these tips, you can avoid delays and legal complications:

• Consult a Dutch inheritance lawyer with expertise in international estates;
• Check the Central Register of Wills to confirm whether a will exists;
• Determine which law applies to the estate and what that means for rights such as the statutory portion.

In conclusion: seek sound legal advice

International inheritance law is complex, especially when you are claiming an inheritance from the Netherlands while living abroad. The right approach helps you avoid misunderstandings, delays, and loss of rights.

At SILK Advocaten & Mediators, we have extensive experience with inheritance cases involving heirs who live outside the Netherlands. We provide clear explanations and professional legal advice tailored to your situation.

Do you have questions, or would you like to discuss your case without obligation? Please feel free to contact me.