What you need to know if your child is due an inheritance from outside the Netherlands

When you live in the Netherlands as an expat and your child receives an inheritance from abroad, it may seem straightforward: a gift is passed down, and you take care of it on your child’s behalf. But under Dutch family law, things are not that simple.

As a parent with legal custody, you have specific legal responsibilities and restrictions. When international inheritance law is involved, the complexity increases. You may need permission from a Dutch court, you might not be allowed to touch the money, and even well-intentioned actions can have legal consequences.

You represent your child, but only within legal limits

Under Dutch law, parents with legal custody represent their child in all legal and financial matters. This includes acting on their behalf in inheritance cases.

However, your authority is not unlimited. The Dutch Civil Code includes safeguards to protect the child’s financial interests, and in some cases, the court must approve decisions you make as a parent.

Negative inheritance? You need permission from a judge to reject it

If you believe the estate includes debts or liabilities, and you want to reject the inheritance on your child’s behalf, you must first obtain permission from the Dutch Court (the so-called kantonrechter). 

Why? Because rejecting an inheritance may deprive your child of a legal right, and therefore the court must ensure it's truly in their best interest. 

Keep in mind that, based on Dutch law, the rejection of an inheritance on behalf of a minor needs to take place within three months of the time of death. If you don’t meet this deadline, the child automatically accepts the inheritance under the benefit of inventory.

Talk to family lawyer Sabrina de Jong to get advice on your situation

Positive inheritance? You are legally bound to manage it properly

If your child inherits money or property, Dutch law requires you to manage those assets as a “prudent guardian”. That means:

• You cannot spend or use the funds for yourself;
• You must keep the child’s assets separate from your own;
• You must act in your child’s long-term financial interest. If you want to invest the money or purchase property, you require approval from a judge.

Dutch courts can request an accounting of how the funds were managed, even years later. 

Parents who misuse inherited funds can be held personally liable and may be forced to return the money to their (minor) child.

Why Dutch law applies, even if the inheritance isn't Dutch

As an expat family living in the Netherlands, Dutch law applies to parental authority, including how you manage your child’s inheritance, regardless of where the inheritance comes from. 

It could therefore be that the law of another country applies to the inheritance itself, but regarding how you should deal with that inheritance as a parent of a minor living in the Netherlands, Dutch law applies.

This combination of Dutch family law and foreign inheritance law creates a legal puzzle that often requires expert guidance.

International complications: Why legal help matters

There are some situations where legal advice is highly recommended, for instance, if:

• The inheritance includes foreign real estate, shares or debt;
• The will is written in another language or governed by foreign law;
• Other heirs are challenging your child’s right to inherit;
• You are unsure whether to accept, reject or limit liability;
• You want to ensure that your child’s funds are managed in accordance with Dutch law.

In all these cases, a Dutch lawyer with expertise in inheritance and family law can help protect your child’s rights, and yours.

Your child’s inheritance is their right and your duty

Inheritance is more than a financial transfer. It brings legal responsibility, especially when minors are involved, and different legal systems overlap.

If you’re living in the Netherlands and your child receives an inheritance from abroad, take the time to understand your obligations under Dutch law. Acting too quickly - or without legal guidance - could expose you and your child to unnecessary risk.