Protection of heirs from debts

"Political Hague" agrees to new (Dutch) rules accept inheritance.

Taking away a family photo book, for example, will soon no longer be considered an act of pure acceptance of the estate. The same applies to giving away household effects that have no value to a thrift shop.

The Senate agreed to the bill 'protecting heirs from debts'. This regulates that an heir only accepts pure if he sells, encumbers or otherwise removes goods of the estate from the recourse of creditors.

If heirs come across an unexpected debt after pure acceptance of the estate, they can go to the subdistrict court within three months to still accept the estate beneficently. This is not the case now. The Royal Notarial Association (KNB) is in favour of the protection scheme for heirs as set out in the bill. But the proposed scheme will not solve all problems for heirs. This is because most debts of the testator do not qualify as an unexpected debt. Therefore, education remains important.

The scheme came into force on 1 September 2016.