Inheritance law: Your rights after death during divorce

Questioner

Ir/Madam, I have a question about inheritance law/rights of children when a parent dies during a divorce. My father passed away last week while he and his (ex?) wife were in the process of divorcing. They were already living apart, had already appointed a mediator and were and would have the house appraised for sale. But with all this, the ex-wife has broken off all contact with us and we have no idea what agreements or covenants have already been put on paper. The mediator is still on vacation for 2 weeks... I think my father has a will but I don't know exactly what it says. The ex did hire a notary a few weeks ago, but we can't get the name of him. To what extent do we as children have rights in this? What is legally still possible for us? What do we need to prove that my father wanted to make changes? My father wanted so much to divorce this lady, we would like to carry out this last wish, but we do not know what 'powers'/rights we have as children in this. I would like to hear from you, we urgently need help. Kind regards

Lawyer

Start by requesting your father's (last) will: https://www.notaris.nl/centraal-testamentenregister. If your father did not 'disinherit' his wife in the last will and testament, she is legally an heir for a child's share and (unless your father has otherwise arranged this in his testament) she has 'surviving rights', which means that the children can in principle only claim their inheritance after the wife has died. However, (step)children do have 'will rights', whereby for you the right to obtain your inheritance in ownership but burdened with usufruct from the surviving (step)parent is particularly important. I understand from your question that no divorce petition has been filed with the court (yet). In some cases, it has been determined in the will that the ex-spouse will not be an heir, but if such a provision has not been included in your father's will and/or no divorce petition has been filed (yet), it will be very difficult/impossible to deny your stepmother her inheritance.