Legal Advice on Inheritance and Debts


Questioner

The children of my deceased brother want to reject the inheritance, because of debts from this inheritance (including tax debt). To what degree should we as direct family also reject this inheritance in order not to be held liable for the debts?

Lawyer

All substitutes must then reject. If there are children, then the parents for them.

Questioner

Substitutes to what degree? So besides my father and I, my adult children (and their children) must also reject?

Lawyer

See Article 10 of Book 4 of the Dutch Civil Code, all those who have a family law relationship with the testator: 1 The law calls for an inheritance as heirs in their own right successively: a. the spouse of the testator who is not legally separated, together with his or her children; b. the parents of the testator together with his brothers and sisters; c. the grandparents of the testator; d. the great-grandparents of the testator. 2 The descendants of a child, brother, sister, grandparent or great-grandparent are called by proxy. 3 Only those who were related to the testator under family law are considered to be blood relatives mentioned in the previous paragraphs.

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