The Inheritance Deed (Akte van Erfrecht) is a fundamental document in Dutch inheritance law, required whenever someone needs to prove their status as heir to a deceased person's estate. This notarial deed is particularly crucial for accessing bank accounts, transferring real estate, or managing other assets of the deceased. The document must be prepared by a civil law notary in accordance with Book 4 of the Dutch Civil Code and includes critical information such as the deceased's details, identification of legal heirs, their respective shares, and any testamentary provisions. It's especially important in cases involving international assets, multiple heirs, or complex estate structures. The deed serves as official proof for financial institutions, government bodies, and other organizations that need to verify inheritance rights and authority to act on behalf of the estate.
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1. Appearance Details (Comparitie): Formal opening stating date, notary details, and appearing parties
2. Deceased's Details: Full personal information of the deceased, including date and place of death, last residence, and marital status
3. Inheritance Basis: Statement of whether inheritance is based on law or testament, with details of any existing will
4. Applicable Law: Specification of applicable law, especially relevant in international cases
5. Declaration of Heirs: Official declaration of who the heirs are and their respective shares
6. Estate Administration: Details of executor or administrator if appointed, and their powers
7. Estate Description: Brief description of the main assets and liabilities of the estate
8. Acceptance Details: Statement of how the heirs have accepted the inheritance (unconditionally, beneficially, or rejected)
9. Powers of Heirs: Description of the powers of the heirs to deal with estate assets
10. Notarial Declarations: Formal statements by the notary confirming the legal situation
1. Community Property Details: Required when deceased was married under community of property regime
2. Testament Summary: Included when there is a valid testament, summarizing its key provisions
3. Forced Heirship Claims: Required when there are legitimate portion (legitieme portie) claims
4. Foreign Assets: Needed when estate includes assets in other countries
5. Business Interests: Required when deceased owned business interests
6. Trust Provisions: Included when testament established trusts or similar arrangements
7. Minor Heirs Protection: Required when heirs include minors or protected persons
8. Tax Considerations: Included when specific tax arrangements or implications need to be addressed
1. Family Tree Overview: Diagram showing relevant family relationships and heir positions
2. Testament Copy: Certified copy of the last will and testament if applicable
3. Death Certificate: Official death certificate copy
4. Asset Schedule: Detailed listing of known assets and their values
5. Liability Schedule: List of known debts and obligations
6. Prior Marriages Documentation: Details of any previous marriages and their dissolution if relevant
7. Powers of Attorney: Copies of any relevant powers of attorney
8. Acceptance Declarations: Signed declarations of inheritance acceptance by heirs
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