What are the legal aspects to take into account when registering a death in the Netherlands?

When registering a death you will need to bring the following documents:

• A valid identity document of the person making the registration and of the deceased
• Your marriage certificate/partnership registration (if you were married  to the deceased or had a registered partnership)
• A doctor’s statement concerning the death of the individual
• In case you want the funeral to take place later than six working days after the death has occurred, you need permission from the mayor. Check with the municipality which procedure should be followed.

Repatriation of a dead person to the home country requires the help of the relevant local Embassy or Consulate. Consular officials can assist you in having the remains returned, in obtaining appropriate documentation and in inquiring about the Dutch repatriation requirements.

If you are not a Dutch citizen and you already have a will that was made according to the laws of the country in which it was drawn up, in principle, the will is also valid in the Netherlands. The Netherlands is party to the Convention Providing a Uniform Law on the Form of International Will and usually recognises wills drawn up in another country. However, one of the conditions required is that the will has been drawn up in keeping with the law of that country. Verbal wills are not valid in the Netherlands.

It is advisable to consult a Dutch notaris  (notary) who is familiar with the registration and execution of foreign wills so that he/she can check whether the contents of the will conflict with Dutch law.

The will is then filed with the Central Register of Wills (Centraal Testamentenregister), and you will be assured of its recognition and validity in the Netherlands.

If you want to make a will in the Netherlands and decide who is going to inherit your estate and other possessions you can do so only in the presence of a Dutch notary.

You can disinherit your child but, in the Netherlands, he/she is always entitled to a legitieme portie (forced share) amounting to half of the portion the child would have received in the absence of a will.

You can also disinherit your spouse and he/she is not entitled to a forced share. However, to alleviate the consequences of disinheritance, the law gives the longest living partner the right to a suitable level of provision; for example, a spouse may make use of the house as long as he/she is living.

You can also make a vruchtgebruiktestament (usufruct will): your spouse will receive the use and enjoyment of certain goods without owning them.

In the Netherlands, you can determine who your heirs are in a will and, in principle; the inheritance is divided according to this will.

If there is no will, the inheritance law will determine who the heirs to the person’s estate are. In general, if the deceased was a resident of the Netherlands, the Dutch inheritance laws are applicable, even if the deceased was a non-Dutch national.
As this is a more complicated matter, it is best to seek advice from a lawyer who is specialised in international law of inheritance.

Four categories of heirs are recognised in Dutch law: spouses or registered partners and children have priority entitlement to an equal share of the estate, followed by siblings, parents and nephews and nieces, and then by grandparents and great-grandparents, respectively. Relatives within each of these categories are only eligible to inherit property if there are no eligible relatives within the preceding category.

Each beneficiary can refuse the right of inheritance. This will likely be the case if there is a negative estate caused by debts.

It is also possible to accept an inheritance under benefit of inventory (beneficiair aanvaarden).  If you accept an inheritance under benefit of inventory you are not liable for any debts, not even if you have enough assets to settle them. But you cannot dispose of the estate until it is certain that all the debts have been settled.

If the spouse and children were the heirs, the spouse would receive all assets and debts of the deceased person’s estate, and the children would have claim on their inherited portion. When the children reach the legal age (18 years old), they would be entitled to handle their inheritance on their own, but as long as they are minors, their living parent would be the legal supervisor.

Partners living together without a registered partnership do not qualify for inheritance, even if they have signed a cohabitation contract in the presence of a civil law notary.

If you are not married, but are living together without formal registration of your relationship this can cause problems if you pass away. In such a situation your partner doesn’t inherit anything (unless you have laid it down in a will) and your partner will not be entitled to a part of your pension (unless you informed your pension fund about your partner). Legally your partner doesn’t have any rights.
In order to avoid this, it is suggested to officially register your relationship with a notary or -if you don’t want that- ask advice. A notary can help you.