An Affidavit of Heirship is a vital legal instrument in Dutch inheritance law, used when there is a need to formally establish the identity of legal heirs to a deceased person's estate. This document becomes particularly important in situations where a formal probate process might be simplified or avoided, or when dealing with specific assets that require clear proof of inheritance rights. The affidavit contains sworn statements about the deceased's family relationships, marital history, and potential heirs, made by someone with personal knowledge of the family circumstances. Under Dutch law, this document must typically be executed before a civil law notary and complies with the requirements set forth in the Dutch Civil Code. The Affidavit of Heirship is commonly used by financial institutions, property registries, and other entities requiring formal proof of inheritance rights before transferring assets or settling accounts.
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1. Declaration Opening: Formal opening stating the date, location, and identity of the person making the sworn statement (declarant)
2. Declarant Information: Detailed information about the person making the affidavit, including their relationship to the deceased and basis of knowledge
3. Deceased Information: Full details about the deceased person, including full name, date and place of death, last residence, and marital status at time of death
4. Marriage History: Chronological listing of all marriages of the deceased, including dates, locations, and how each marriage ended (death or divorce)
5. Children Information: List of all children born to or adopted by the deceased, including names, birth dates, and current status (living or deceased)
6. Parent Information: Information about the deceased's parents, including names and whether they predeceased the deceased
7. Sibling Information: List of all siblings of the deceased, including half-siblings, with their current status
8. Property Statement: General statement about the deceased's property and assets subject to inheritance
9. Oath Statement: Formal sworn statement confirming the truth of all declarations made in the affidavit
1. Predeceased Heirs' Information: Details about any heirs who died before the deceased, including their descendants - required only if there are predeceased heirs
2. Previous Wills: Information about any known previous wills or testamentary documents - include if any such documents existed
3. Additional Relatives: Information about other relatives who might have inheritance rights - required if no closer heirs exist
4. Foreign Assets: Details of any assets located outside the Netherlands - include if international property exists
5. Disinheritance Statement: Statement about any known disinheritance decisions - include if applicable
1. Family Tree Diagram: Visual representation of the deceased's family relationships showing all potential heirs
2. Death Certificate: Certified copy of the deceased's death certificate
3. Marriage Certificates: Copies of relevant marriage certificates
4. Birth Certificates: Copies of birth certificates for relevant heirs
5. Supporting Documents: Any additional documentation supporting the claims made in the affidavit, such as divorce decrees or adoption papers
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