Priority in inheritance?

Questioner

My father passed away last summer. A third party was appointed to execute the will. Briefly summarized and rounded off: • Father left behind 90,000 euros • My brother and I are each still entitled to the deceased mother's share (including interest) of 55,000 euros • Father has included a legacy in his will that I will receive the first 120,000 euros. Does the legacy apply first and then the children's portions? Or first the children's portions and then the legacy? I can't make sense of 4:7 BW (book 4 article 7) and opinions are divided. Does anyone know anything about this?

Lawyer

It is indeed a complex issue. It is important to know that the settlement of an inheritance under Dutch inheritance law can be a fairly complicated process, especially if there is a will, legacies and children's portions. In principle, according to Dutch law (Article 4:7 of the Dutch Civil Code), the order of claims on an inheritance is generally as follows: funeral costs and the settlement of the estate, legacies, the guarantee of the children's legitimate portion (the child's share) and finally the distribution of the remainder among the heirs in accordance with the will or the law. This would mean that if there is sufficient in the estate, the legacy (in this case to you) is paid out first before the children's portions are paid out. However, there may be an exception if the will stipulates otherwise, or if the size of the estate is insufficient to meet all claims. In your specific situation, since the value of the estate (90,000 euros) is less than the legacy (120,000 euros), this is a complicated issue where different rules and regulations may play a role. In addition, you and your brother are both entitled to a child's share of the deceased mother, which makes the situation even more complex. I advise you to seek professional legal advice from a notary or a specialized attorney in inheritance law. They can tell you exactly what your specific situation is and what steps you should take.' ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.