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Book 4 Dutch Civil Code
Law of Succession
Title 4.1 General Provisions
(Articles 1-8)
Article 4:1 Inheriting property
Article 4:2 Order of death of two or more persons
Article 4:3 Unworthiness
Article 4:4 Juridical acts in relation to a non-devolved estate
Article 4:5 Arrangement of payments
Article 4:6 Valuation of the assets of the estate
Article 4:7 Debts of the deceased's estate
Article 4:8 Equation of registered partnership with spouses
Title 4.2 Intestate succession
(Articles 9-12)
Article 4:9 Intestate heirs must be alive at the moment on which the deceased’s estate devolves
Article 4:10 Order of inheritance of intestate heirs
Article 4:11 Shares in the estate of a deceased
Article 4:12 Inheritance by right of representation
Title 4.3 Intestate succession in the relation between the spouse and the children of the deceased
(Articles 13-41)
Section 4.3.1 The law of intestate succession for a spouse who was not legally separated from the deceased and for the children of the deceased
(13-27)
Article 4:13 Division and apportionment of the estate between the spouse and the children of the deceased
Article 4:14 Liability for debts of the deceased’s estate (mutual liability of the spouse and children for these debts)
Article 4:15 Valuation of the financial debt-claim of the children
Article 4:16 Written inventory of the deceased’s estate
Article 4:17 Paying off the child's financial debt-claim
Article 4:18 The undoing of an apportionment that occurred by operation of law pursuant to Article 4:13
Article 4:19 Remarriage of the surviving spouse and the consequences thereof for the financial debt-claims of the children
Article 4:20 Death of a remarried spouse and the consequences thereof for the financial debt-claims of the children
Article 4:21 Financial debt-claim of a child against a stepparent
Article 4:22 Financial debt-claim of a child against a stepparent who has died
Article 4:23 Legal relationship between the usufructuary (spouse) and the main proprietor of the assets encumbered pursuant to the previous Articles
Article 4:24 Obligation to transfer assets to a child
Article 4:25 Value of the to be transferred assets; obligation to inform other children; unilateral rights of the children
Article 4:26 Unilateral rights of persons without full legal capacity
Article 4:27 Stepchildren
Section 4.3.2 Other statutory rights
(28-41)
Article 4:28 Right of the spouse to continue the use of a residential space and its household effects
Article 4:29 Usufruct of the residential space and its household effects
Article 4:30 Usufruct of other property
Article 4:31 Statutory provisions applicable to a usufruct established under the present Section; prescription periods and statutory time limitations
Article 4:32 No usufruct when an application for a divorce or legal separation was lodged at least one year earlier
Article 4:33 Possibilities of the Subdistrict Court to intervene in an existing usufruct
Article 4:34 Abatement of gifts made by the deceased
Article 4:35 A lump sum for care and upbringing or for maintenance and education
Article 4:36 A lump sum as compensation for performed work
Article 4:37 Claiming a lump sum
Article 4:38 Right to claim the transfer of business assets or of company shares that belonged to the deceased
Article 4:39 Right of non-heirs to receive information
Article 4:40 Start of a prescription period or a period for a statutory time limitation when a person is missing
Article 4:41 Mandatory law
Title 4.4 The last will of the deceased
(Articles 42-114)
Section 4.4.1 The last will in general
(42-54)
Article 4:42 The last will of the deceased
Article 4:43 Defective will (intention)
Article 4:44 Last will that is in conflict with public morality or public order
Article 4:45 Invalid conditions and testamentary obligations in a last will
Article 4:46 Interpretation of a last will
Article 4:47 Execution of the last will is permanently impossible
Article 4:48 Accretion of shares in the deceased's estate
Article 4:49 When a bequeathed asset is missing
Article 4:50 Delivery of a bequeathed asset in its condition at the death of the testator
Article 4:51 Bequeathing an asset from a marital community of property
Article 4:52 Disposition in favour of the spouse and a later divorce of legal separation
Article 4:53 Blood relatives and next of kin
Article 4:54 Prescription in case of a voidable last will
Section 4.4.2 Persons who can make a last will and persons who may benefit from it
(55- 62)
Article 4:55 Legal capacity to make a last will
Article 4:56 An heir must exist at the time of the devolvement of the estate
Article 4:57 No last will in favour of a family guardian
Article 4:58 No last will in favour of a tutor
Article 4:59 No last will in favour of professionals in the field of individual healthcare
Article 4:60 A compensation for rendered services is allowed
Article 4:61 No last will in favour of the involved notary and witnesses
Article 4:62 Nullification of a last will that is voidable on the basis of the previous Articles
Section 4.4.3 Share of a forced heir
(63-92)
Subsection 4.4.3.1 General provisions
Article 4:63 Mandatory legitimate share (‘forced share’) of a forced heir
Article 4:64 The size of a forced share
Subsection 4.4.3.2 The extent of a forced share
Article 4:65 Calculation of the forced shares
Article 4:66 Gifts which are not taken into account
Article 4:67 Gifts which are taken into account when calculating forced shares
Article 4:68 Gifts of the testator to his spouse
Article 4:69 Gifts which aren’t regarded as gifts
Article 4:70 Imputation of gifts
Article 4:71 Imputation of what is obtained under the law of succession
Article 4:72 Impact of a rejection of the inheritance
Article 4:73 Impact of the renouncement of a bequest by a forced heir
Article 4:74 Bequest to a forced heir of a payment in instalments
Article 4:75 Fiduciary administration of property imposed by the testator in his last will (testamentary administration)
Article 4:76 Specific usufructs are not taken into account in determining the value of the forced share
Article 4:77 Extension of periods
Article 4:78 Right of inspection and information
Subsection 4.4.3.3 Realisation of the forced share
Article 4:79 Claim against the joint heirs or a donee
Article 4:80 Persons responsible (liable) for the debt-claim of the forced heirs
Article 4:81 Moment on which the debt-claim of the forced heir becomes due and demandable (exigible)
Article 4:82 Non-demandability clause
Article 4:83 Other circumstances affecting the moment on which the debt-claim becomes due and demandable
Article 4:84 Interest on a non-demandable debt-claim of a forced heir
Article 4:85 Statutory time limits for the claim of a forced heir
Article 4:86 Presumption of death of the testator
Article 4:87 Abatement ranking order
Article 4:88 Payment of taxes
Article 4:89 Abatement of gifts
Article 4:90 Effectuation of the abatement of a gift
Article 4:91 Stepchildren and forced shares
Article 4:92 Exercising the rights (powers) of the forced heir
Section 4.4.4 Form of a last will
(93-110)
Article 4:93 Last will of one testator in one deed
Article 4:94 Notarial last will or a holographic will
Article 4:95 Holographic will (last will made by private deed)
Article 4:96 Burden of proof
Article 4:97 Codicil of will
Article 4:98 An 'emergency last will'
Article 4:99
[repealed]
Article 4:100 End of the possibility to make an emergency last will
Article 4:101 Sea-going ship and aircraft
Article 4:102 Isolated geographical areas
Article 4:103 Form of an emergency testament
Article 4:104 Form of an emergency deposit of a last will
Article 4:105 Sometimes no safe custody needed
Article 4:106 Central Register for Testaments
Article 4:107 Duration of the validity of a last will
Article 4:108 A voidable last will
Article 4:109 A null and void last will
Article 4:110 Extension of applicability of Article 4:54
Section 4.4.5 Revocation of an earlier made last will
(111-114)
Article 4:111 Form of a revocation
Article 4:112 Non-revocation of an earlier made last will
Article 4:113 Revocation of a last will by private deed because it is claimed back
Article 4:114 Revocation because of the physical destruction of the private deed
Title 4.5 Last wills of various types
(Articles 115-181)
Section 4.5.1 Appointment of heirs
(115-116)
Article 4:115 Appointment of heirs by last will
Article 4:116 Equal position of appointed heirs and intestate heirs
Section 4.5.2 Bequests
(117-129)
Subsection 4.5.2.1 General provisions
Article 4:117 Definition of a bequest
Article 4:118 Absence of a specific heir who is obliged to perform (satisfy) the bequest
Article 4:119 Notification of the legatee of the existence of the bequest
Article 4:120 Performance of the obligations arisen from a bequest
Article 4:121 Reduction of sub-bequests and other testamentary obligations
Article 4:122 Legatee whose bequest has been abated or reduced may claim full performance after an additional payment
Article 4:123 Request to change or end the obligations arisen from a bequest
Article 4:124 Benefits (fruits) of a bequest
Article 4:125 Demandability of a bequest
Subsection 4.5.2.2 Gifts and other acts that are regarded as a bequest
Article 4:126 Quasi-bequests
Article 4:127 Abatements and reductions of entitlements obtained by third parties pursuant to a third-party clause
Article 4:128 Other equations of quasi-bequests with bequests
Article 4:129 Non-demandability clause
Section 4.5.3 Testamentary obligations
(130-134)
Article 4:130 Definition of a testamentary obligation
Article 4:131 Possible effects when a testamentary obligation is not performed
Article 4:132 The person who has to perform a testamentary obligation is absent
Article 4:133 Interference with a condition added to a testamentary disposition
Article 4:134 Change or ending of a testamentary obligation
Section 4.5.4 Foundations
(135)
Article 4:135 Testamentary foundations
Section 4.5.5 Testamentary dispositions subject to a time period (effective or expiration date) or a condition
(136-141)
Article 4:136 Appointment of an heir for a specific period of time (subject to an expiration and/or effective date)
Article 4:137 One must exist in order to be able to derive a right from a testamentary disposition made under a condition precedent
Article 4:138 Appointment of an heir subject to a condition precedent or subsequent
Article 4:139 Interference with a condition added to an appointment of an heir
Article 4:140 Time-limit for conditional appointments of heirs
Article 4:141 No time-limit for certain conditional appointments of heirs
Section 4.5.6 Executors appointed by the testator
(142-152)
Article 4:142 Appointment of an executor
Article 4:143 Acceptance of an appointment as executor
Article 4:144 Duties and remuneration of an executor
Article 4:145 Position of the heirs towards the executor
Article 4:146 Appointment of an estate notary / inventory of the estate
Article 4:147 Realisation of the assets of the estate
Article 4:148 Duty to inform the heirs
Article 4:149 The end of the capacity of executor
Article 4:150 The end of the executor's administration of the estate
Article 4:151 To render account
Article 4:152 The spouse of the testator with a usufruct is a fictitious heir
Section 4.5.7 Testamentary administration
(153-181)
Subsection 4.5.7.1 General provisions
Article 4:153 Institution of a fiduciary administration by virtue of a last will
Article 4:154 Substitution of assets / benefits (fruits)
Article 4:155 Legal presumptions regarding the grounds for a testamentary administration
Article 4:156 Testamentary administration in the interest of an unknown person
Subsection 4.5.7.2 The administrator
Article 4:157 Appointment of an administrator
Article 4:158 Two or more appointed administrators
Article 4:159 Remuneration for an administrator
Article 4:160 Inventory list, security and registration
Article 4:161 Rendering account
Article 4:162 Distribution of benefits (fruits)
Article 4:163 Liability of the administrator
Article 4:164 End of the status of being an administrator
Article 4:165 Duties of a former administrator
Subsection 4.5.7.3 The effects of a testamentary administration
Article 4:166 Administration and management rights
Article 4:167 Other remaining rights of the proprietor
Article 4:168 Juridical acts performed by or addressed to the proprietor
Article 4:169 Power of the administrator to perform acts
Article 4:170 Apportionment (division) of community property
Article 4:171 Extension or limitation of the rights of the administrator
Article 4:172 Authority of the administrator to represent the proprietor
Article 4:173 Authority of the administrator to represent the proprietor in court
Article 4:174 Liability of the proprietor for juridical acts of the administrator
Article 4:175 Recovery of specific debts from the assets subject to administration
Article 4:176 Recovery of other debts from the assets subject to supervision
Subsection 4.5.7.4 The end of a testamentary supervision
Article 4:177 Ending of a testamentary administration on the expiry of a fixed period or because of a rejection of the inheritance or bequest
Article 4:178 End of a testamentary administration instituted in the interest of the proprietor
Article 4:179 End of a supervision instituted in the interest of someone else
Article 4:180 End of a testamentary administration instituted in a common interest
Article 4:181 Giving notice of termination
Title 4.6 Consequences of a succession
(Articles 182-233)
Section 4.6.1 General provisions
(182-189)
Article 4:182 Acquisition of rights and debts of the deceased
Article 4:183 Right to claim the return of the assets of the estate
Article 4:184 Position of the creditors with a debt-claim against the estate
Article 4:185 No recovery during the first three months
Article 4:186 The Estate Register
Article 4:187 Declaration of inheritance (protection because of good faith)
Article 4:188 Declaration of inheritance (form and content)
Article 4:189 Acquisition of assets by the State
Section 4.6.2 Acceptance and rejection of an inheritance or bequest
(190-201)
Article 4:190 Choice whether or not to accept an inheritance
Article 4:191 Registration of the choice made
Article 4:192 Acceptance of an inheritance
Article 4:193 Legal representative
Article 4:194 Beneficial acceptance after all
Article 4:195 Beneficial acceptance and heirs who will become a liquidator
Article 4:196 Publication of a beneficial acceptance
Article 4:197 Estate notary at a beneficial acceptance
Article 4:198 Powers of heirs who are a liquidator
Article 4:199 Security
Article 4:200 Effects of a beneficial acceptance
Article 4:201 Acquisition of bequests
Section 4.6.3 Liquidation (winding up) of the estate of the deceased
(202-226)
Article 4:202 Legal grounds for a statutory liquidation (statutory winding up)
Article 4:203 Appointment of a liquidator by the court after a beneficial acceptance
Article 4:204 Appointment of a liquidator by the court without any beneficial acceptance
Article 4:205 Liquidation (winding up) in the interest of the creditor of an heir
Article 4:206 Formalities when appointing a liquidator
Article 4:207 Rendering account
Article 4:208 Appointment of a supervisory judge
Article 4:209 Liquidation free of costs and the end of a liquidation
Article 4:210 Information and instructions
Article 4:211 Duties of a liquidator
Article 4:212 Damage caused to creditors of the estate by a legal representative or liquidator
Article 4:213 Liquidator for a dissolved marital community of property
Article 4:214 Calling for the creditors of the estate
Article 4:215 Realisation of the assets of the deceased’s estate
Article 216 Reclaiming an already performed bequest
Article 217 Offsetting and forced imputation of debts
Article 4:218 Rendering account and scheme for distribution
Article 4:219 The creditor of an heir who has rejected his inheritance
Article 4:220 Distribution after the scheme of distribution has become binding
Article 4:221 Simplified liquidation (winding up)
Article 4:222 Restricted application of Title 7 of Book 3 of the Civil Code
Article 4:223 Right of recourse of individual creditors
Article 4:224 Priority for the creditors of the estate
Article 4:225 Tracing unknown heirs
Article 4:226 Distribution of a surplus at the end of the liquidation (winding up)
Section 4.6.4 Apportionment (division) of the deceased’s estate
(227-233)
Article 4:227 Applicable provisions
Article 4:228 Imputation of debts
Article 4:229 Restoration of gifts
Article 4:230 Restoration of gifts by heirs with a right of representation
Article 4:231 Restorations of gifts belonging to a marital community of property
Article 4:232 A restoration has no effect on an heir’s liability
Article 4:233 Valuation of the gifts to be restored