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Affidavit Of Inheritance for the Netherlands

Affidavit Of Inheritance Template for Netherlands

A formal legal document issued by a Dutch notary that officially confirms the identity of heirs and their rights to inherit from a deceased person's estate. This document, known in Dutch as 'Verklaring van Erfrecht', is governed by Book 4 of the Dutch Civil Code and is essential for heirs to prove their legal right to access and manage the deceased's assets, bank accounts, and property. It serves as official proof of inheritance rights for banks, government agencies, and other institutions in the Netherlands, and may also be used internationally subject to proper legalization or apostille.

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Affidavit Of Inheritance

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What is a Affidavit Of Inheritance?

An Affidavit of Inheritance is a crucial legal document in the Netherlands, required when handling matters related to a deceased person's estate. This notarial deed, governed by Dutch law, particularly Book 4 of the Dutch Civil Code, serves as official proof of who is entitled to inherit and in what proportion. The document is necessary for heirs to access bank accounts, transfer property, claim insurance benefits, and handle other estate-related matters. It contains detailed information about the deceased, their family situation, any existing will, and the legal heirs. Banks and other institutions in the Netherlands typically require this document before allowing access to the deceased's assets or accounts. For international estates, the document must comply with both Dutch inheritance law and relevant international regulations, particularly the EU Succession Regulation.

What sections should be included in a Affidavit Of Inheritance?

1. Notary Declaration: Opening statement identifying the notary and their authority to issue the declaration

2. Deceased's Information: Full details of the deceased person including full name, date of birth, date of death, last residential address, and marital status at time of death

3. Marriage and Relationship History: Details of the deceased's marital history, including any divorces or registered partnerships

4. Last Will and Testament Status: Declaration regarding the existence or non-existence of a will, and its details if applicable

5. Heir Identification: Complete list of legal heirs, their relationship to the deceased, and their shares in the inheritance

6. Estate Executor: Identification of the executor(s) if appointed, and their powers

7. Declaration of Applicable Law: Statement of which country's laws govern the inheritance (particularly relevant for international cases)

8. Notarial Certification: Final certification by the notary, including date and place of execution

What sections are optional to include in a Affidavit Of Inheritance?

1. Community Property Declaration: Required when the deceased was married under a community property regime, detailing the division of marital assets

2. Trust Provisions: Included when the deceased established any trusts or when inheritance involves trust arrangements

3. Prenuptial Agreement Reference: Required when there was a prenuptial agreement affecting the distribution of assets

4. International Assets Declaration: Needed when the deceased owned assets in multiple countries

5. Business Interests: Required when the deceased owned business interests or was a company shareholder

6. Special Bequests: Included when specific items or amounts are left to particular beneficiaries

What schedules should be included in a Affidavit Of Inheritance?

1. Death Certificate: Certified copy of the official death certificate

2. Will Extract: Certified copy or extract of the last will and testament, if applicable

3. Marriage Certificate: Copy of the marriage certificate or registered partnership documentation

4. Heir Identification Documents: Copies of identification documents for all heirs

5. Central Testaments Register Extract: Extract from the Central Testaments Register showing any registered wills

6. Asset Schedule: List of known assets belonging to the deceased at time of death

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Netherlands

Publisher

Ƶ

Document Type

Affidavit

Cost

Free to use
Relevant legal definitions



































Clauses






















Relevant Industries

Legal Services

Financial Services

Banking

Real Estate

Insurance

Wealth Management

Public Administration

Notarial Services

Estate Management

Property Management

Relevant Teams

Legal

Compliance

Wealth Management

Estate Administration

Property Management

Financial Services

Customer Service

Risk Management

Private Banking

Notarial Services

Relevant Roles

Notary

Estate Lawyer

Bank Manager

Wealth Manager

Estate Administrator

Probate Officer

Legal Counsel

Trust Officer

Property Manager

Compliance Officer

Financial Advisor

Insurance Claims Handler

Public Administrator

Real Estate Agent

Tax Advisor

Industries






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