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The Netherlands

Inheritance in the Netherlands

Inheritance in the Netherlands

Postby amogles » Tue 17 Jun 2008 12:20 GMT

I need advice with the following, please.

My parents moved to the Netherlands in circa 2004. My mother was diagnosed with brain tumour in late 2005 and unfortunately passed away in June 2006.

As far as we know, my mother left no will. We never officially tackled the problem of inheritance. My father claimed everything passed to him by default. As we are aclose family and trsuting, we (my sister and I) didn't object to this as we assumed he was entitled to it and we would inherit eventually anyway. We never signed anything anyway.

Dutch inheritance law, as I understand it, means that half of my parents' joint estate is divided by three (for my father, my sister and I) and that my sister and I thus get a claim to one sixth part each. However, the inheritance law also says that we cannot take anything away from my father so we cannot exercise that claim has long as he is still living.

Now my father is living with a very evil woman who is doing everything in her power to estrange us from our father. She is setting him up to be very nasty to us. Even when we phone him we hear her in the background telling him what to say.

Besides the property in Holland, my parents also had a property in Spain. They actually spent more time here than in Holland. I had hoped that I would one day be able to inherit this property.

Now, my father's girlfriend has all of a sudden become the best friend of the mother of a spanish estate agent, who is selling this house at what I perceive to be well below the market price and in return is selling them an apprtment for more than the price. Now my father already has a buyer (no wonder, at that price) and has alraedy signed a pre-contract and taken a deposit. However, he cannot sell as the property is not in his name. Therefore he is pushing us to sign a legalese document which doesn't make much sense to us but basically allows him to sell.

This has of course revealed the full scale of the lie to us. My father told me he was selling the house for 250K. That is way beyond my budget. Now this other guy is paying 150K, money that I could have raised (admitteldy with difficulty). When I asked my father why this was, he first denied, but when I told him I had talked to his estate agent, he admitted, but argued that seeing I had rejected his offer of 250K, I had said I didn't want to buy the house at all. When I asked why he wouldn't sell to me for 150K, he upped the price for me to 200K, and said he would only consider my offer when the money was on his bank account. Of course I told him that's not how property sales work and I'm not signing his silly document until at least he starts being reasonable. He says I don't need to sign, as his lawyer can inherit him without my signature.

I've been to a Spanish lawyer and she said that seeing they were Dutch residents, Dutch inheritance law applies. I've been to various Dutch lawyers but they don't seem willing to take on my case.

Any ideas. Do I have any higher ground to stand on or is this a lost case?
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Postby Kay » Tue 17 Jun 2008 13:01 GMT

Oh crikey. I'm afraid I don't have any answers for you but I do understand about poisonous family members. Take care and good luck. I hope someone else here will have some advice for you. :)
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Postby Cath » Tue 17 Jun 2008 16:22 GMT

There's an organisation based in the Hague, called Access. They give all sorts of help to expats in the Netherlands. If they can't help you directly, they'll probably know of a lawyer who can. Their site is www.access-nl.org I hope they can help you. Good luck
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Postby amogles » Wed 18 Jun 2008 09:58 GMT

Thanks for your support.

I've now found a lawyer who is willing to take this forward. She didn't sound too hopeful that we can actually stop any of the madness but at least she is going to help me work out exactly where I stand and what I can demand.
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