Dutch Civil Code

Book 4 Law of Succession

Title 4.2 Intestate succession

Article 4:9 Intestate heirs must be alive at the moment on which the deceased’s estate devolves
In order to be able to qualify as an intestate heir one must be alive at the moment on which the deceased’s estate devolves.

Article 4:10 Order of inheritance of intestate heirs
- 1. By law the following heirs are successively called to the estate of the deceased in order to inherit his property:
a. the not legally separated spouse of the deceased together with the deceased’s children;
b. if none of the under point (a) mentioned persons exist: the parents of the deceased together with the deceased’s brothers and sisters;
c. if none of the under point (a) and (b) mentioned persons exist: the grandparents of the deceased;
d. if none of the under point (a) (b) and (c) mentioned persons exist: the great-grandparents of the deceased.
- 2. The descendents of a child, brother, sister, grandparent or great-grandparent of the deceased may be called to the deceased’s estate in order to inherit by right of representation as meant in Article 4:12.
- 3. Only persons who were standing in a legal familial relation to the deceased can be regarded as blood relatives as referred to in the previous paragraphs.

Article 4:11 Shares in the estate of a deceased
- 1. Those who are called as intestate heirs to the estate of a deceased, inherit for equal shares.
- 2. Contrary to paragraph 1, the share in the deceased’s estate of a half brother or half sister is half of the share in the estate of a full brother, a full sister or a parent.
- 3. When, due to the application of paragraphs 1 and 2, the share in the deceased’s estate of a parent would be less than a quarter, it is raised up to a quarter and the shares in this estate of the remaining heirs are diminished proportionally.

Article 4:12 Inheritance by right of representation
- 1. When a person, who otherwise would have been an intestate heir according to the applicable category as pointed out by of Article 4:10 paragraph 1, at the moment on which the deceased’s estate devolves:
- does not live anymore;
- is unworthy to inherit;
- is disinherited;
- has rejected the inheritance;
- or cannot inherit anymore because his right of succession has expired,
then his descendents will, instead of him, inherit by right of representation.
- 2. Those who inherit by right of representation are called to the deceased’s estate for equal parts of the share in the inheritance of the person whose place they have taken.
- 3. Blood relatives who are further removed from the deceased than in the sixth degree can never inherit by right of representation.