Succession

Death often creates powerful emotions, not just generated by the death of a loved one, but also possibly stemming from deep-rooted conflicts, existing or new, among the people who are involved in the succession.

Succession law deals with the deceased’s estate and the rights and duties of the person involved in the inheritance. This is an area in which we specialize.

Many people are involved

There may often be many people involved in the matter: children, step-children, a new partner or other people who were close to the deceased. The deceased may also have left part of his or her estate to charitable causes. Succession law is also complex and subject to (fairly brief) time limits for the limitation and expiry of rights. This is why gaining speedy, expert advice is so important. Priska Voskuil and Eelco Anink specialize in this area.

We can provide you with excellent advice, allowing you to take properly considered steps in good time. This may involve succession mediation if it’s possible to hold fruitful discussions. We can also assist you with advice in order to reach a satisfactory arrangement with all the parties involved. If attitudes are beyond reconciliation, proceedings may be necessary.

Our preference is for a pragmatic, solution-oriented approach, centered of course on a proper explanation of what is actually feasible.

Close cooperation with other disciplines

Our firm works closely with other professionals who specialise in succession law (including civil-law notaries, accountants and tax advisers). Please contact Priska Voskuil or Eelco Anink if you have any questions relating to succession.

What factors can be relevant?

Factors that might be relevant here, and on which we can provide you with advice and assistance, include:

  • Do I have to accept the legacy or should I reject it?
  • How does the statutory division work and how is my ‘child’s share’ determined?
  • I’ve been disinherited; what are my rights?
  • How should the will be interpreted?
  • What can I do if a will has been made by someone who did not have legal capacity to do this at the time?
  • What can I do if someone was managing the deceased’s bank account before he or she died and withdrew money?
  • What are the executor’s rights and obligations?
  • What can I do if the executor is negligent or not up to the job?
  • What can I do if there’s a dispute regarding the division of the estate?
  • What can I do if there’s a dispute regarding the valuation of certain items in the estate?

Further advice

We can also advise you on the following matters:

  • protecting the surviving spouse (creating usufruct rights to the family home and contents or possibly the entire estate);
  • an immediate sum for the care and upbringing of minor children or for living and study expenses of children up to the age of 21;
  • the surviving spouse or child or step-child continuing the testator’s business or profession.

 

 

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