Making a last will in the Netherlands
9 juni 2021
Do you live in the Netherlands and do not have Dutch nationality? Do you want to make a last will but you are not sure whether you can?
In this blog I will tell you everything you need to know about making a last will in the Netherlands when you do not have Dutch nationality.
What law applies to me when I do not have a last will?
If you die without making a last will, the question will arise as to what law applies to your estate.
According to the Dutch rules of international law, the law of your last habitual residence applies to your estate.
In order to avoid uncertainties about what law applies to you, we advise you to make a choice.
What law can I choose?
When you make a choice of law, you can choose between:
- the law of your nationality; or
- the law of your last habitual residence.
Do you have multiple nationalities? Then you can choose between these nationalities.
The law of your last habitual residence can only apply during the time that it qualifies as such. That means that without Dutch nationality you can make a choice for Dutch law as long as if you live in the Netherlands. But if you move out of the Netherlands, the choice of Dutch law will not apply to your estate anymore.
Under Dutch law it is not possible to make a partial choice of law. The law you choose will apply to your entire estate.
How do I make a choice for Dutch law?
In the Netherlands you have to lay down your choice of law in a notarial deed.
We will register this choice of law in the Dutch Central Register of Wills. That way we can make sure that your choice of law can be found after you die.
What if you make a choice for Dutch law without making other stipulations? Then the Dutch rules of legal succession will apply to you. What these rules are you can read in this blog.
