Legitimate portion

People sometimes say that in the Netherlands a parent cannot disinherit their child. This is incorrect. A child can indeed be disinherited by his parent(s). However, when a child is disinherited, the child can always appeal to its legitimate portion. The legitimate portion is half the size of the actual inheritance and only entitles the child to a monetary claim.

Also when a child has not been disinherited, however, it may be wise to invoke the legitimate portion in certain cases. This may be the case, for example, if substantial gifts were made by the testator during his lifetime. Under circumstances, these gifts will be taken into account when calculating the size of the estate, the legitimate portion. In that case, the legitimate portion may still be higher than the inheritance.

The doctrine of the legitimate portion is complicated and also has an expiration period of five years after the estate becomes open. Thus, you must make a choice within five years and actually invoke the legitimate portion!

Please feel free to contact us if you are wondering whether it is wise for you to invoke your legitimate portion.