Statutory share
A disinherited child has a special position in inheritance law. Within five years of the death, the child may claim his or her statutory share. A child who has received an inheritance can also make an additional claim for his or her statutory share, within the same period.
Calculating the amount that the child is entitled to is a complex matter and depends on many factors. Obtaining information for the purposes of calculating the claim is itself not always easy. Conversely, careful consideration has to be given as to what information someone may and may not be given to a disinherited child.
Complex businesses in an estate or investment structures can make this even more complicated. And in cases where many gifts have been made or assets moved in other ways during the lifetime of the testator, this can be relevant to the disinherited child.
About inheritance law
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Family and inheritance law are sensitive subjects that often involve strong emotions. Matters that once seemed routine can take on a new significance as a result of all kinds of events, causing a breakdown in communications and thrusting the parties involved into far-reaching and invasive legal proceedings. SmeetsGijbels advises its clients on what route to take. We do so with empathy and support, adding our specialist legal knowledge as necessary.
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Inheritance law
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Find out more about our lawyers and mediators in inheritance law in Amsterdam and Rotterdam. They can advise you on what decisions to take.
