What information am I entitled to if I have been disinherited?

Questioner

My father passed away in early May, his second wife had already passed away. He has no other children. He disinherited me and my brother and sister. We are entitled to the legitimate portion. We are not given any information other than 'the notary is busy investigating and arranging everything with the tax authorities.' We want insight into this process, how much money was there, how much was the house sold for, did he have debts, did he give away a lot of money before he died. Are we entitled to statements so that we can also see for ourselves how big or small our portion is and if so, what information is important to us? Or should we just wait and see what we get and just believe that our niece, who is the executor, will act honestly?

Lawyer

You are entitled to a legitimate pore but you must formally claim it (with the executor), otherwise you will not receive a claim. You are entitled to information and a copy of all documents that are necessary to calculate your legitimate pore. In any case, a description of your father's assets at the time of his death. If there is reason and indication for this, an investigation must also be conducted into gifts that your father made in the past. This will probably concern gifts in the last 5 years before his death. Quite a complicated matter. If necessary, you can have an investigation conducted into your father's administration. In that case, there must be an indication that the executor is not fully informing you.

Questioner

Thank you for your response! We have indeed formally claimed our legitimate portion. I understand from you that we must also be able to calculate our share ourselves and therefore need to have access to the description of his assets. Now we are being presented with the situation that we simply have to wait until everything has been arranged, including with the tax authorities. The executor has not yet provided any concrete information. Only that he had no debts, that is not enough.

Lawyer

Your father passed away at the beginning of May. We are now more than half a year further. According to the law Book 4 BW, article 146 paragraph 2, the executor must draw up an inventory of the estate with all due haste. He cannot hide behind 'the notary is busy...' and similar nonsense. Of course, a lot of information can already be provided (bank balances, real estate, etc.) that has nothing to do with the notary's busyness. Or else hire a notary who can spend time on the case.