"Oldest children Jan des Bouvrie can whistle for inheritance for now"

Marjolein Hees Family & inheritance law
Today, in the proceedings between the two eldest children and the widow and youngest children of Jan des Bouvrie, the Central Netherlands District Court ruled that the two eldest, disinherited, children in the widow s lifetime are not entitled to their (bequest in the amount of their) legitimate portion. Marjolein Hees, lawyer for the widow and des Bouvrie's youngest children says the following: "The ruling is interesting and significant for several reasons. First, the court considers that a beneficent acceptance of an estate does not lead to a violation of a testamentary burden. This is apart from the fact that no testamentary burden was imposed in the case at hand. Second, that a will cannot provide anything about the method of valuation in the context of the legitimate portion. Third, that the court determined that the advance on the expert's fees should be borne by the disinherited children. And fourth, that the court seems to apply article 4:87 paragraph 5 of the Civil Code analogously." Read the full article here:  https://ap.lc/PMcTC   [pdf-embedder url="https://www.banning.nl/wp-content/uploads/2024/01/ECLI_NL_RBMNE_2024_354.pdf"]