Legal Advice on Inheritance Law Conflicts

Questioner

Both my parents have since passed away and have left us (7 children living in the Netherlands) two plots of land in Suriname. The intention was to authorize our brother to settle the business on our behalf (register it in our name and sell it). However, a conflict has led to a relationship breakdown with our brother. Nevertheless, he wants to continue with the business and asks us to authorize him anyway. However, because of the relationship breakdown, we are not exactly sympathetic to this; we have lost confidence in him and are no longer willing to work with him. In addition, there are quite a few (financial) risks associated with the business; we will first have to make substantial investments before we have the plots ready for sale, while it is far from certain that we will be able to sell them. We have all considered what to do and have decided to grant him power of attorney under certain conditions. The condition is that we do not wish to accept liability for the costs and/or debts that will be incurred by him to settle the case, but wish to share in any sales proceeds (after deduction of the costs/debts). We have already presented this condition to him (by email) and he has agreed to it. My question is whether we are sufficiently protected with such an agreement (i.e. by means of an agreement by e-mail) or whether it is wise to have the conditions included in the powers of attorney via the notary. I look forward to your reply.

Lawyer

In my opinion, it must first be clear which nationalities you all possess: Dutch / Surinamese or both and how long you have lived in a certain country, to determine which law applies. The main rule is that the inheritance law of the country of which you have the nationality applies, but if you have lived in the Netherlands for more than 5 years, that law applies. However, both systems are similar. And as you now propose to the liquidator (conditions and such) you are going against the rules of Dutch inheritance law. Perhaps it would be useful to have an independent liquidator appointed at the request of the court or to still sit down together after you have asked a notary which rules you must comply with?