The Affidavit of Self Adjudication is a specialized legal document used in the Netherlands when a single heir wishes to settle an estate without full probate proceedings. This document becomes relevant when there is clear evidence of sole heirship, whether through intestate succession rules or a valid will. It must comply with Dutch Civil Code requirements and typically requires notarial authentication. The affidavit includes comprehensive details about the deceased, the declarant's right to inherit, and a full inventory of assets and liabilities. It serves as a legal basis for transferring assets, settling accounts, and managing tax obligations. This document is particularly useful for straightforward inheritances where court intervention isn't necessary, though it still requires careful preparation to ensure compliance with Dutch inheritance law and tax regulations.
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1. Declaration Header: Formal introduction stating the document type and date of execution
2. Declarant Information: Full legal name, address, and identification details of the person making the affidavit
3. Deceased's Information: Full details of the deceased person including full name, last address, date and place of death, and civil status at time of death
4. Basis of Right to Inherit: Statement establishing the declarant's right as sole heir (e.g., relationship to deceased, existence or absence of will, absence of other heirs)
5. Estate Details: Description of the deceased's estate, including both assets and liabilities
6. Tax Declaration: Statement regarding the status of inheritance tax obligations and relevant tax declarations
7. Sworn Statement: Formal declaration under oath that all statements are true and correct
8. Execution: Signature block with notarial acknowledgment
1. Will Reference: Details of any existing will or testament, used when the deceased left a valid will naming the declarant as sole heir
2. Renunciation Statements: Reference to any renunciation of inheritance rights by other potential heirs, included when such renunciations exist
3. Power of Attorney: Required when the declarant is acting through an authorized representative
4. Foreign Law Compliance: Additional declarations required for international estate elements, included when the deceased had assets in other countries
1. Schedule A - Inventory of Assets: Detailed list of all assets belonging to the deceased, including property, bank accounts, investments, and personal effects
2. Schedule B - List of Liabilities: Comprehensive list of all outstanding debts and obligations of the deceased
3. Appendix 1 - Death Certificate: Certified copy of the death certificate
4. Appendix 2 - Supporting Documents: Copies of relevant documents such as marriage certificate, birth certificates, or other proof of relationship
5. Appendix 3 - Tax Clearance: Documentation showing compliance with inheritance tax requirements
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