We would like to use cookies.

We use cookies to personalise content and ads, to provide social media features and to analyse our traffic. We also share information about your use of our site with our social media, advertising and analytics partners who may combine it with other information that you’ve provided to them or that they’ve collected from your use of their services.

Different cookie preferences

Cookie declaration

i Cookies are small text files that can be used by websites to make a user's experience more efficient. The law states that we can store cookies on your device if they are strictly necessary for the operation of this site. For all other types of cookies we need your permission. This site uses different types of cookies. Some cookies are placed by third party services that appear on our pages. You can at any time change or withdraw your consent from the Cookie Declaration on our website.

Learn more about who we are, how you can contact us and how we process personal data in our Privacy Policy. Please state your consent ID and date when you contact us regarding your consent.

Necessary cookies help make a website usable by enabling basic functions like page navigation and access to secure areas of the website. The website cannot function properly without these cookies.

Name Provider Purpose Expiry Type
cookieConsent SILK Advocaten & Mediators B.V. Stores the user's cookie consent state for the current domain. 31 days HTML

Preference cookies enable a website to remember information that changes the way the website behaves or looks, like your preferred language or the region that you are in.

We do not use these kind of cookies

Statistic cookies help website owners to understand how visitors interact with websites by collecting and reporting information anonymously.

Name Provider Purpose Expiry Type
_ga Google The _ga cookie from Google Analytics records a unique ID for our web visitors that is used to generate statistical data about how the visitor uses the website. We have set our Google Analytics cookies as privacy-friendly as possible. This cookie collects information such as: the number of visitors to the website, where visitors come from and the pages they have visited. Maximum 2 years HTTP
_gid Google Used to distinguish users. 24 hours HTTP
_gcl_au Google Used to store and track conversions. 24 hours HTTP
_gcl_au Google Used to throttle request rate. 1 minute HTTP

Marketing cookies are used to track visitors across websites. The intention is to display ads that are relevant and engaging for the individual user and thereby more valuable for publishers and third-party advertisers.

We do not use these kind of cookies

Callback request T +31(0)20 670 65 60 info@silkadvocaten.nl

Inheritance law

Legacy and gifts

Legacy is one of the ways in which a decedent can leave one or more people a claim on the estate. A legacy can consist of goods, such as jewellery or paintings, as well as money or services. The person who has been left a legacy is referred to as the legatee.

Legatee as creditor

If you decide not to refuse a legacy, you will become a creditor to the estate and will therefore have a claim on the estate. Unless otherwise determined by the decedent, the heirs will be held jointly liable for the legacy (claim). This means that the heirs are jointly liable for the fulfilment of the legacy. The decedent is free to deviate from this main rule. 

When is a legacy claimable?

If the decedent has failed to state anything about the claimability of the legacy in the will, the main rule is that the legacy will become claimable following the demise of the decedent. An exception to this rule is when a legacy is left in the form of a lump sum, in which case the legacy will only become claimable six months after the demise of the decedent. 

The legacy debt of an estate can however only be fulfilled once all the other debts of the estate have been fulfilled in full. If it transpires, once all debts have been paid, that the remaining assets are insufficient for the full fulfilment of the legacy, the ruling principle is that all legacies will be reduced proportionally. 

Information about the existence of a legacy

If you have a claim to a legacy (mostly the heirs), then you, as a legatee, should become informed about the legacy as soon as possible. If an executor has been appointed, it will be his/her duty to inform you to that effect. 

Do you need more detailed information on how to deal with legacies and gifts in your specific case? If so, please do not hesitate to contact the lawyers at SILK.

Introductory meeting? Click here to make an appointment

Coen van den End


Margreet Ruijgrok


Roos Copper


Sabrina de Jong


A picture of the team of Silk.

Do you have a question or remark you would like to share with us? Leave a message.