How is a will drawn up and can I register it?
Last update: 10/3/2012
There are special forms that a person wanting to draw up a will must respect. There are authentic wills executed before a civil law. There are also the privileged wills and wills filed with a civil law.
The Netherlands applies the Hague Convention of 5 October 1961 on the conflicts of laws relating to the form of will dispositions. Consequently, in a cross-border situation, a will is valid if it complies with the laws: – of the State where the testator drew up his/her will ( local form ), or – of the country whose nationality was held by the testator, either at the time he/she drew up his/her will or at the time of his/her death, or – of the country where the testator had his/her place of residence, either at the time he/she drew up his/her will, or at the time of his/her death, or – of the country where the testator had his/her habitual residence, either at the time he/she drew up his/her will or at the time of his/her death, or – for real estate, of the country where the property is located.
It is possible to register a will with the Central Register of Wills (Centraal Testamenten Register) in The Hague.
Information about how to keep, to register and to search for a will are also available on the website of the European Network of Register of Wills Association (ENRWA) in the section “Information sheet”.
Detailed information
What are the conditions governing the validity of a will as regards its form and substance?
Except for very restricted circumstances (art. 4:97-107 CC) a last will may be made only by a notarial instrument or by a holograph instrument given to a civil law notary for safekeeping. (art. 4:94 CC).
What are the conditions governing the validity of a will drawn up in another State?
Article 1 of The Hague Convention on the Law Applicable to Successions of 1961 applies (Art 1 of The Hague Convention of 1961).
Are agreements relating to a future inheritance authorised? Who can conclude such an agreement? What form must be respected?
An agreement relating to a future inheritance is not accepted. According to art. 4:4 section 2 CC agreements which have as their necessary implication the disposal of the deceased’s estate which has not yet devolved in their entirety or for a proportionate part shall be null and void.
Are there other possibilities for settling a succession?
No.
How and where can I register a will? What is the effect of registration?
The civil law notary before whom the last will has been executed must have the data registered with the Central Register of Wills (CTR) on the first working day following the day of execution.See: http://www.centraaltestamentenregister.nl.
