DON’T MISS
IamExpat FairIamExpat Job BoardIamExpat Webinars
Newsletters
EXPAT INFO
CAREER
HOUSING
EDUCATION
LIFESTYLE
EXPAT SERVICES
NEWS & ARTICLES
Home
Expat Info
Dutch news & articles
When should you have a will drawn up?
Never miss a thing!Sign up for our weekly newsletters with important news stories, expat events and special offers.
Keep me updated with exclusive offers from partner companies
By signing up, you agree that we may process your information in accordance with our privacy policy

Having your habitual residence in the Netherlands has legal consequences. Olenz notarissen discusses what is important to keep in mind when it comes to inheritance law, and whether you should draw up a will.


Related Stories

Olenz notarissen: Expert tax and law advice for expats in the NetherlandsOlenz notarissen: Expert tax and law advice for expats in the Netherlands
Where to find bags of fresh fruit and vegetables straight from the farmWhere to find bags of fresh fruit and vegetables straight from the farm
Traditional Dutch clothingTraditional Dutch clothing
The HS code or Geharmoniseerd Systeem CodeThe HS code or Geharmoniseerd Systeem Code
Supporting culture, building peace & other ways of volunteeringSupporting culture, building peace & other ways of volunteering
Social issues: Rainbow realitiesSocial issues: Rainbow realities
Netherlands-based podcasts in English, ideal for expatsNetherlands-based podcasts in English, ideal for expats
Monstrous Halloween events in the NetherlandsMonstrous Halloween events in the Netherlands
For expats of all colours, shapes and sizes

Explore
Expat infoCareerHousingEducationLifestyleExpat servicesNews & articles
About us
IamExpat MediaAdvertisePost a jobContact usSitemap
More IamExpat
IamExpat Job BoardIamExpat HousingIamExpat FairsWebinarsNewsletters
Privacy
Terms of usePrivacy policyCookiesAvoiding scams

Never miss a thing!Sign up for expat events, news & offers, delivered once a week.
Keep me updated with exclusive offers from partner companies
By signing up, you agree that we may process your information in accordance with our privacy policy


© 2025 IamExpat Media B.V.
© 2025 IamExpat Media B.V.
Contact Olenz notarissen
Koen van den Berg
Koen (1985) graduated from Radboud University in Nijmegen in 2010 and has been working at Olenz ever since. As a specialist in (international) family and inheritance law, he is involved in advising on and planning the transfer of assets between different generations (Estate Planning) on a daily basis. Part of this is recording this advice in, for example, cohabitation contracts, prenuptial agreements, wills, agreements and other documents that may be necessary for this purpose. Emotional aspects are of course taken into account. He has extensive experience in the settlement of complex (international) estates.Read more

When should you have a will drawn up?

Paid partnership
Oct 8, 2024
Paid partnership

Having your habitual residence in the Netherlands means that inheritance tax applies to your full estate. All your assets and debts, wherever they are located, are considered for your Dutch inheritance tax.

There is a reduction in tax for property located abroad but this only applies to real estate and business establishments. All other assets are fully taxed for inheritance tax. For income tax purposes, there is a special scheme for expats, but unfortunately this does not apply to inheritance tax.

The succession of your estate

Having your habitual residence in the Netherlands also means that Dutch law applies to the succession of your estate. When there is no will, your heirs will need to be determined. If you are married and have children, they will need to know how many children you have.

For expats, this might mean that sometimes they need to check in other jurisdictions to see if you have had children there. If you are unmarried and do not have children, they need to determine who your ascendants are. This needs to be checked in the jurisdiction where your ascendants live.

These checks often cost a lot of time and money, and during these checks, a Dutch notary cannot issue a certificate of inheritance, which means your estate will be difficult to settle.

If you have your habitual residence in the Netherlands and you have children, the Dutch court has jurisdiction in guardianship matters. If both parents pass away and a guardian needs to be appointed, the Dutch court will search for possible guardians among your relatives and, after the necessary considerations, will appoint a guardian.

This is time consuming, and, in the meantime, it is unclear for your child who their guardian will be. During this time, the government will be responsible for the care of your child.

So, having your habitual residence in the Netherlands has legal consequences, which might make matters more complex in an international context. But the good news is, these matters can be easily tackled!

Drawing up a will

If you have a will drawn up, you can make sure that all tax exemptions are used optimally. This reduces or eliminates inheritance tax implications in case of death. You can also appoint your heirs in a will. This prevents the necessary search for children and ascendants and therefore eliminates the costs of a time-consuming check in case of death.

Both in a will or at the court guardianship registration, you can appoint a guardian for your child. The court still needs to appoint the guardian in case of death and therefore the court will want to check whether your child is safe with the proposed guardian. If that is the case, the court does not have to look further for other persons that are also able to fulfil that role. The guardian is appointed faster, and your child is in the safe arms of your appointed guardian quicker.

Olenz notarissen is specialised in international inheritance and estate law and can guide you through these legal challenges in a clear and pragmatic way. With their international network, they can also easily gain access to information from other jurisdictions and make sure you have a tailor-made solution to your legal issues. Please contact them via their website or via kvdberg@olenz.nl.
Contact Olenz notarissen
By Koen van den Berg