A common question in international marriages is what happens to inheritances from other countries under Dutch law. Does it belong only to you, or do you automatically share it with your partner? GMW lawyer Stephanie Hasselaar-Veltkamp has the answers.

Perhaps the easiest way to look at the way the Netherlands treats inheritances from abroad is to use an example.

Let us say Kevin (French) and Federica (Italian) live and marry in the Netherlands. Just before the wedding, Kevin’s parents pass away. He inherits money and, right after the wedding, uses it to pay off a big part of the mortgage on their joint home. When the marriage breaks down and they divorce, Kevin wants to know if he will  get his inheritance back or not?

The Dutch rules

Since January 1, 2018, the Netherlands has a new marital property system: the limited community of property. This means that – among other things – inheritances and gifts automatically remain private. Even if you use them for something shared, like a house, you can still claim the amount back in case of divorce.

But for marriages entered into before 2018, the rules ares different. The basic rule is that everything is common property, including inheritances. Only if there is a special clause in the will (an “exclusion clause”)  will the inheritance remain private.

What if the inheritance comes from another country?

That makes things even more complex. In our example, Kevin’s parents made their will in France. They did not think about Dutch rules and did not add an exclusion clause.

In 2017, the Dutch Supreme Court ruled that an inheritance can still remain private if it would be “unfair” to include it in the joint property. Judges look at factors such as:

• could the parents have foreseen that Dutch rules would apply?
• is it likely they intended the inheritance to go only to Kevin?
• did the inheritance take place before or after the marriage? If Kevin got the inheritance before the marriage, they could have drawn up a prenuptial agreement.

What does this mean for Kevin?

If he and Federica married after 2018, he can reclaim his inheritance. If they married before 2018, Kevin will probably not get his inheritance back. To put it bluntly, Kevin should have thought about the inheritance before the marriage and could have drawn up a prenuptial agreement together with Federica.

The lesson here: seek information on time. This way you can avoid unpleasant surprises in case of divorce.

Do you have questions about inheritance or divorce? Feel free to contact GMW lawyers, their specialists will work it out.