Legal Assistance with Inheritance Law and Houses

Questioner

Ir/Madam, My mother has several brothers and sisters. All of them left the parental home at some point, but one of the sisters stayed with her mother, so with my grandmother. When my grandmother became worse, it seems that it was agreed that my aunt, who had stayed with my grandmother, would take care of her and would be allowed to continue living in the house after her death. Children such as my mother and other brothers and sisters could therefore not claim their share. That was agreed, but never recorded. In the meantime, my grandmother has long since passed away and her sister, or my aunt, still lives in the house. A number of my mother's sisters and brothers have also passed away. There are still 2 of this generation left. What happens to the house, there is no official record of the agreements as far as I have checked, if my mother's sister, who still lives in the parental home, dies?

Lawyer

You can check whether grandma's house is now in the name of the resident daughter. If not, then it belongs to grandma's heirs. Who they are follows from her will, if she had one, and otherwise from the law. The child's share of the other sisters cannot be lost through an agreement between grandma and the resident sister. If the house was still in grandma's name, grandma's heirs (probably her daughters and, if they have died, their children) are the ones who have something to say about it.

Questioner

Thanks for the response. Suppose that after the death the house is transferred to the name of the resident daughter, is there no approval required from other children, or brothers and sisters of the resident daughter? Suppose that the house is now in the name of the resident daughter and she dies. Does it depend on her will or does the right of a child's share for her brother and sisters continue to exist?

Lawyer

The house can only be transferred to the name of the resident daughter after death if this was done by someone who was allowed to do so. For example, the heirs. But that does not seem to be the case. That leaves the fact that grandma did this herself during her lifetime. But suppose it is in the name of that resident daughter. That has nothing to do with the child's share of her brothers and sisters. That child's share is a portion of grandma's estate. That estate, in which the house or the proceeds thereof may be, has apparently never been divided. You should check with the land registry in whose name the house is now and how that person came into possession of it. Furthermore, you should ask the central register of wills (= in The Hague) whether your grandma had a will and, if so, by which notary it was drawn up. Then request a copy of the will from that notary. If you know that, we can continue. It must also be known when your grandma died in order to determine whether the old or the new inheritance law applies.

Questioner

Thank you very much for your help

Questioner

Another question. The house appears to be in the name of the daughter who still lives there. Can she exclude other brothers and sisters from inheritance through a will and, for example, donate the house entirely to one of the brothers or sisters? Grandma passed away in 1981

Lawyer

The daughter can decide what she wants regarding her own inheritance. Her brothers and sisters have no legal claim to her inheritance. If the daughter has children of her own, they do have a legal claim (the legitimate portion) . I read that the house is in the daughter's name. I think she bought the house from Grandma during Grandma's lifetime. So Grandma probably received a purchase price. When Grandma died, she must have left something. Her children should have known about that, including your mother. How long ago did Grandma die?