What can you do if you have been disinherited?
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Detailed explanation, checklist and sources
A child may be disinherited in a will, but generally has the right to claim the legitimate portion. This is a monetary claim and not a right to individual items.
General information about Dutch law · Reviewed on · How we work
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Check the will and your position
Have it established that you are a descendant and determine who the heirs or executor are. Request in writing the information needed for the calculation.
Calculate the estate value used for the reserved share
The calculation does not look only at the balance at death. Certain gifts and debts may be included. The legitimate portion is half of the statutory share of inheritance in money.
Do not miss the deadline
You may lose your right to the legitimate portion if you do not claim it in time. Therefore, state in writing that you invoke it and keep proof. Do not wait until others provide information of their own accord.
Further points to check
A disinherited spouse or registered partner does not have a child's reserved share. Other statutory maintenance rights may exist, including use or usufruct of the home and furnishings and, depending on financial need, other estate assets. Temporary continued occupation and creating usufruct are different rights. Immediately establish which claim, declaration and court steps are needed: their own short time limits apply, not the child's five-year period. Gather the will, living arrangements, ownership, income and expenses; do not leave or sign a waiver without assessment. A non-heir may still receive a legacy. Acquiescing in disinheritance and any grandchildren's position depend on the exact will and legal family relationship; assume no automatic transfer.
Your checklist
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Item 1 / 6 · Where do you stand with this item?
Death certificate
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Your timeline and evidence
List events and contacts. Note where you keep the evidence; no upload is needed.
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Record what happened, when, the response and where to find the letter, message or photo. Mark uncertain dates.
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0 / 6 · Checked or collected
For each event, note the date, what happened and where the evidence is kept. Example: 3 October — letter received — correspondence folder.
Describe the solution you would like, such as an explanation of a deduction and repayment of the outstanding amount.
For example: which document is missing, who can provide it and what should I do first?
Record the date and its source. If unknown, note this and check promptly. This tool does not calculate or monitor deadlines.
After your conversation
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Clear entries
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- Death certificate
- Will
- Family relationship
- Inventory of the estate
- Gifts
- Written invocation of the legitimate portion
Frequently asked questions
Do I receive items as a disinherited child?
No. The legitimate portion in principle only entitles you to a sum of money.
How long do I have to claim the legitimate portion?
The right expires no later than five years after death; sometimes a reasonable period is set earlier for making a choice.