What is a child’s inheritance share and when is it payable?
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Detailed explanation, checklist and sources
A child’s share is not always money payable immediately. First check the will and whether Dutch statutory division applies. It can protect the surviving partner while giving children a monetary claim.
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1. Identify the applicable arrangement
Record the death date, marriage or registered partnership and all children. Obtain the will through the authorised notary. A survivor arrangement may arise by law or by will; a document’s title does not determine its terms. Cohabitants do not automatically fall under the same statutory arrangement. Without a will, identify statutory heirs in order: (1) spouse or registered partner and children with descendants; (2) parents, siblings and their descendants; (3) grandparents and descendants; (4) great-grandparents and descendants. The next group is considered only if an earlier one yields no heirs. Have a notary investigate representation and legal kinship. A cohabitation agreement or living-apart relationship does not automatically make you an heir; formal judicial separation is also relevant. Stepchildren and foster children do not automatically inherit as legal children. Biological connection alone is not always enough: check legal parenthood and adoption. If no one inherits, the estate ultimately passes to the State; do not simply assume there are no heirs.
Rijksoverheid — wettelijke verdeling ↗
KNB — kinderen en kleinkinderen ↗
2. Distinguish a share from ownership
Under ordinary statutory division, the surviving spouse or registered partner receives the assets and debts. Children are co-heirs but receive a monetary claim equal to their share. This differs from the reserved monetary portion of a disinherited child.
3. Check the calculation
The partner’s and children’s shares are normally equal under that division. First establish which assets and debts actually belong to the estate. Do not simply divide the home’s full value. A will, representation of a predeceased heir or an earlier estate may change the calculation.
4. Check when payment is due
The statutory claim is normally payable when the survivor dies, becomes bankrupt or enters statutory debt restructuring. A will may contain different conditions. A new relationship or home sale does not automatically trigger payment; special rights involving a stepparent need separate assessment.
5. Separate tax from payment
Inheritance tax may arise at the first death even while the share remains unpaid. Under statutory division, tax advanced is reflected in the claim. Voluntary early payment can have gift-tax consequences. Have the specific settlement checked for tax before transferring money.
6. Record the claim and questions
Request the supporting inventory, calculation and applicable interest and payment conditions. Keep replies and payment records. Anyone planning a survivor’s will should discuss protection for both partner and children with a notary; general guidance does not draft a suitable clause. Use our help request for an existing legal dispute.
Can I demand my share as soon as my parent dies?
Not always. Under statutory division you usually receive a claim against the survivor that becomes payable later. First establish the applicable law and will; disinheritance raises the separate reserved-portion question.
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- Death date and family situation
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Need personal assistance? Request a lawyer through our chat. We explain the next step; submitting a request does not engage a lawyer. The links below support the legal information.
Rijksoverheid — wettelijke verdeling ↗KNB — wie is erfgenaam ↗KNB — kinderen en kleinkinderen ↗KNB — erfenis voor partner ↗Belastingdienst — wettelijke verdeling ↗KNB — Centraal Testamentenregister ↗KNB — nalatenschap afwikkelen ↗Sources may be in Dutch. General information about Dutch law, not individual legal advice.