Yes, disinheriting a child is legally possible in the Netherlands, but it is tightly constrained by the Dutch Civil Code (Burgerlijk Wetboek, BW) and subject to judicial review. Dutch law prioritizes forced heirship (legitieme portie), guaranteeing children a minimum statutory share of the estate, currently set at half of their legal inheritance entitlement. Courts may invalidate disinheritance if it violates good morals or disproportionately harms the child’s financial security. The Dutch Supreme Court (Hoge Raad) has reinforced this balance, particularly in cases involving parental estrangement or minor misconduct. Recent 2026 amendments to BW Article 4:64 strengthen protections for vulnerable heirs, requiring explicit justification for disinheritance in estate disputes.
Key Regulations for Disinheriting a Child in Netherlands
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Forced Heirship (Legitieme Portie): Children retain an unwaivable claim to at least 50% of their statutory inheritance share, calculated as half of the full inheritance entitlement. This applies even if a will explicitly excludes them, unless grounds for disinheritance under BW Article 4:64 are met.
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Valid Grounds for Disinheritance: The Dutch Civil Code permits disinheritance only for specific reasons, including:
- Severe abuse or violence against the parent or their immediate family.
- Persistent refusal to maintain contact without valid justification.
- Criminal convictions involving the parent or their estate.
- Fraudulent acts against the parent’s assets or testamentary freedom.
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Judicial Scrutiny & Enforcement: Disinherited children may petition the kantonrechter (cantonal court) to challenge the validity of disinheritance. Courts assess proportionality, evaluating whether the exclusion aligns with the parent’s testamentary intent and societal norms. Non-compliance with forced heirship rules may result in partial or full reinstatement of the child’s entitlement.