Act Conflict of Law Rules for Succession
to the Estate of a Deceased Person

Act of 4 September 1996 on conflicts of laws regarding succession to and apportionment of an estate of a deceased person, also in connection with the ratification of the Convention on the Law Applicable to Succession to the Estate of Deceased Persons, concluded at the Hague on 1 August 1989 (Trb. 1994, 49)

Article 1 Designation of the applicable law in accordance with the Hague Convention 1989
The law applicable to the succession to an estate of a deceased person is designated by the provisions of the Convention on the Law Applicable to Succession to the Estate of Deceased Persons, concluded at the Hague on 1 August 1989, of which the French and the English text and its translation into Dutch is published in the Dutch Treaty Series (Trb. 1994, 49).

Article 2 Disadvantage due to the fact that another law applies to an asset located abroad
- 1. If one of the entitled persons to a deceased's estate, which still has to be apportioned (wound up), is disadvantaged as a result of the fact that the private international law of a State where an asset is located has designated that another law applies to that asset, then the acquisition of this asset by other entitled persons to the estate or by third persons in accordance with that applicable law shall be acknowledged and recognized.
- 2. De entitled person who has been disadvantaged may, however, claim that the suffered disadvantage shall be equalized between him and the advantaged person at the occasion of the apportionment of the deceased's estate. An equalisation is only possible with respect to assets of the deceased's estate or by means of a reduction of a charge or burden imposed in relation to the succession to that estate.
- 3. For the purpose of the previous paragraphs an entitled person includes an heir, a legatee or a person who is entitled to a performance which has to be fulfilled by one of the persons called to the deceased's estate as an heir, legatee or in another capacity.

Article 3 Revocation of an earlier made choice of law of the deceased person
The revocation by the testator of all his previously made last wills (testamentary dispositions) is presumed to include, if he had made a choice of law, the revocation of an earlier made designation of the law that governed the succession to his estate.

Article 4 Law applicable to the liquidation and apportionment of the deceased’s estate
- 1. The winding up (liquidation) of the estate of a deceased person is governed by Dutch law if the deceased had his last habitual residence in the Netherlands. In particular are applicable the Dutch provisions with regard to the responsibility of the heirs, who are designated as such by the law that is applicable according to the Convention mentioned in Article 1, for the debts of the deceased and the circumstances in which these heirs may exclude or limit such responsibilities for themselves.
- 2. The way in which the apportionment of the estate of a deceased person is executed, shall be governed by Dutch law if the deceased had his last habitual residence in the Netherlands, unless the co-proprietors to the estate have jointly designated the law of another State. The requirements arising from the law for real property rights of the State where the assets are located shall be taken into account.

Article 5 Applicable law regarding the duties and powers of a liquidator; provisional arrangements
- 1. The duties and powers of a liquidator appointed by the deceased person is governed by Dutch law if the deceased person had his last habitually residence in the Netherlands.
- 2. Without prejudice to the jurisdiction of the provisional relief judge in summary proceedings, the court may, upon a legal claim of an interested party, make provisional arrangements to ensure the observance of the law applicable according to the Convention referred to in Article 1 with regard to the succession to parts of the deceased's estate located in the Netherlands. It may order the provision of security in relation with that observance.

Article 6 Abolition of other statutory provisions
The Act of 7 April 1869 regarding the abolition of Articles 884 and 957 of the Civil Code (Stb. 1869, 1956) is repealed.

Article 7 Transitional law
- 1. The present Act shall apply to the succession to estates of persons who have died after the date on which the present Act has entered into force (after 1 October 1996).
- 2. If the deceased person, at a time prior to the date on which the present Act enters into force, has designated the law applicable to the succession to his estate, then this designation is regarded to be valid if it is made in conformity with the provisions of Article 5 of the Convention referred to in Article 1.
- 3. If parties to an agreement on the succession to a deceased's estate have designated, at a time prior to the date on which the present Act enters into force, the law applicable to that agreement, then this designation is regarded to be valid if it is made in conformity with the provisions of Article 11 of the Convention referred to in Article 1.
- 4. Without prejudice to the provisions of the previous paragraphs, a designation of the law applicable to the succession to an estate or a change in such a designation, made by the deceased person prior to the date on which the present Act enters into force, is not regarded to be invalid on the sole ground that the law did not provided for such a designation at that time.

Article 8 Entry into force
The present Act shall enter into force on a date to be determined by Royal Decree (1 October 1996).

Article 9 Citation
Te present Act may be cited as the ‘Act Conflict of Law Rules for Succession to the Estate of a Deceased Person’ .