The Affidavit For Collection Of Personal Property is a crucial legal instrument under Dutch law used when an individual needs to establish their legal right to collect personal property from a custodian or estate. This document is particularly relevant in situations following a death, when property needs to be transferred from financial institutions, or when collecting stored personal items. It must comply with the Dutch Civil Code and related legislation, requiring detailed information about all parties involved, the property in question, and the legal basis for the claim. The affidavit serves as protection for both the declarant and the current property holder, ensuring proper legal transfer of possession while minimizing liability risks. It's commonly used in conjunction with estate administration but can also apply to other situations where formal documentation of property collection authorization is required.
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1. Declaration Header: Formal opening stating this is an affidavit, including the date and location of execution
2. Declarant Information: Full legal name, address, and identification details of the person making the affidavit
3. Relationship Statement: Description of the relationship between the declarant and the deceased/original property owner
4. Property Owner Information: Details of the deceased/original property owner, including full name, last known address, and date of death if applicable
5. Legal Authority: Statement of legal right to collect the property (e.g., as heir, executor, or authorized representative)
6. Property Description: Detailed description of the personal property to be collected
7. Value Declaration: Statement of the approximate value of the property, if known
8. Indemnification: Statement indemnifying the current property holder against future claims
9. Verification: Declaration of truth and accuracy of the statements made
10. Signature Block: Space for signature, date, and notary verification
1. Additional Claimants: Required when there are multiple persons entitled to the property, listing all other entitled parties and their consent
2. Previous Attempts: Include when there have been prior attempts to collect the property or related legal proceedings
3. Property Location: Required when the property is stored in multiple locations or has special access requirements
4. Will Reference: Include when the claim is based on a will or testament, with relevant details
5. Court Orders: Required when there are existing court orders related to the property
6. Debt Declaration: Include when there are known debts or liens against the property
1. Inventory List: Detailed itemization of all personal property being claimed
2. Supporting Documents: Copies of death certificate, will, court orders, or other relevant legal documents
3. Identification Documents: Copies of declarant's identification documents
4. Consent Forms: Signed consent forms from other entitled parties, if applicable
5. Property Photos: Photographic evidence of the property, if available and relevant
6. Proof of Relationship: Documents proving relationship to deceased/original property owner (birth certificates, marriage certificates, etc.)
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Relevant Teams
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Compliance
Estate Administration
Wealth Management
Customer Service
Property Management
Document Processing
Risk Management
Private Banking
Administrative Support
Relevant Roles
Estate Attorney
Notary Public
Legal Administrator
Estate Planner
Wealth Manager
Bank Manager
Property Custodian
Legal Counsel
Probate Clerk
Trust Officer
Estate Administrator
Financial Advisor
Legal Assistant
Property Manager
Compliance Officer
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