Estate Planning · Netherlands
Wills & Inheritance Planning · Netherlands
Notary will mandatory since 2003 — dual-will planning for Thai investors and expats in the Randstad.
AI Quick Answer · Speakable
The Netherlands requires every will to be executed before a notaris; handwritten wills are void. Children may claim only a monetary 'legitieme portie' equal to half of the intestate share within five years, and Brussels IV allows a Thai national to elect Thai law. Erfbelasting spousal exemption is EUR 723,000 rising to EUR 25,000 per child, with 10–40% rates above the threshold.
Quick facts
- Succession law: Burgerlijk Wetboek Book 4 (Erfrecht) — modernised in 2003.
- Forced heirship: Legitieme portie is monetary only — children claim half the intestate share as a cash entitlement within 5 years.
- Accepted will formats: Notary will only (mandatory since 2003). Handwritten wills are void.
- Inheritance tax: Erfbelasting: EUR 723 k spouse exemption, EUR 25 k child, EUR 2.4 k unrelated. Rates 10–40%.
- Probate timeline: 3–9 months. Tax filing within 8 months of death.
- Treaty position: No estate treaty. Brussels IV Regulation applies for choice of law.
- Package fee: From THB 55,000 — bundled Dutch notary will plus Thai will.
Key risk for Thai nationals & expats
Dutch-situs assets require a Dutch notary will regardless of Brussels IV election. Thai wills alone are not recognised for local real estate transfer.
Probate process in Netherlands
The notaris issues Verklaring van Erfrecht and manages estate settlement.
Recommended strategy
1) Execute a Dutch notary will plus Brussels IV Thai-law clause. 2) Add a turboverdeling to protect the surviving spouse. 3) Nominate life insurance outside the estate.
Six-step dual-will pipeline
- 1
Global asset inventory
Catalogue every asset in Netherlands, Thailand and any third jurisdiction. Classify by situs and beneficiary designation.
- 2
Domicile & tax-residency audit
Determine Netherlands domicile status and residency threshold; assess Erfbelasting: EUR 723 k spouse exemption, EUR 25 k child, EUR 2.
- 3
Draft dual will (Thai + Netherlands)
Draft a Netherlands will (Notary will only (mandatory since 2003)) alongside a Thai will with a mutual non-revocation clause covering Thai-situs assets.
- 4
Choice-of-law & forced-heirship strategy
Legitieme portie is monetary only — children claim half the intestate share as a cash entitlement within 5 years. · Primary defensive move: 1) Execute a Dutch notary will plus Brussels IV Thai-law clause.
- 5
Execute & legalise
Sign both wills before appropriate witnesses/notaries · Apostille or embassy legalisation between jurisdictions · secure originals with NYC Visa & Translation and a trusted third party.
- 6
Review every 3–5 years
Update on any material change (marriage, birth, asset sale, tax reform) and monitor legislative shifts (e.g. Swiss 2023, UK 2025).
Other jurisdictions we cover
FAQ · Netherlands
Does Netherlands enforce forced heirship?
Legitieme portie is monetary only — children claim half the intestate share as a cash entitlement within 5 years.
Which will formats are recognised in Netherlands?
Notary will only (mandatory since 2003). Handwritten wills are void.
What does the Netherlands probate process look like?
The notaris issues Verklaring van Erfrecht and manages estate settlement.
How is inheritance tax calculated in Netherlands?
Erfbelasting: EUR 723 k spouse exemption, EUR 25 k child, EUR 2.4 k unrelated. Rates 10–40%.
Is there a Thailand-Netherlands estate-tax treaty?
No estate treaty. Brussels IV Regulation applies for choice of law.
How long does probate in Netherlands take?
3–9 months. Tax filing within 8 months of death.
What is the package fee starting point?
From THB 55,000 — bundled Dutch notary will plus Thai will.. Final quotation confirmed after asset review and dual-will scoping.
What is the top risk for a Thai national or expat?
Dutch-situs assets require a Dutch notary will regardless of Brussels IV election. Thai wills alone are not recognised for local real estate transfer.
What is the recommended dual-will strategy?
1) Execute a Dutch notary will plus Brussels IV Thai-law clause. 2) Add a turboverdeling to protect the surviving spouse. 3) Nominate life insurance outside the estate.
Do I need a Dutch will if I only own bank accounts here?
Movable assets can pass under a foreign will using Brussels IV choice-of-law, but banks routinely require a Dutch Verklaring van Erfrecht to release funds. A local notary will accelerates access.
How is Dutch erfbelasting mitigated for a Thai spouse?
The EUR 723,000 spouse allowance and progressive rates apply regardless of nationality. Lifetime gifting with the annual EUR 6,633 exemption plus the one-off EUR 32,195 marriage gift are the main levers.
Where can I book a consultation?
Contact NYC Visa & Translation — call 083-2494999 · LINE @NYC168 · email contact@nyclegal.co.th. Discovery call is complimentary; formal opinions billed after scoping.
Knowledge bases behind every service
7 knowledge bases, 4,882 keywords and 3,057 answered questions written by our lawyers and translators. Free to read, no sign-up.
- Master Service Hub — every service we file
The cross-service index: certified translation, interpreting, visa/work permit/BOI, tax-legal-estate, cross-border M&A, aviation & maritime, and holding-company structuring.
Scoped quote after a free consultation by phone, LINE or email
1,000 keywords · 649 questions · 10 clusters
- Certified translation — every language
Certified translation across civil, academic, corporate, contractual, financial, medical, technical and IP documents — with the Notary → MFA → embassy legalization chain handled end to end.
Thai–English THB 500–1,200/page · other languages THB 800–2,500/page
1,000 keywords · 500 questions · 16 clusters
- Thai MFA consular legalization
Thai MFA legalization workflow: fees, turnaround, inbound foreign documents, and how the chain connects to destination-country apostille requirements.
THB 200/stamp (3 working days) · express THB 400/stamp
882 keywords · 500 questions · 16 clusters
Official sources
The information on this page follows the official sources below. Always check the latest version before you file.
- กรมการกงสุล — บริการรับรองเอกสาร (นิติกรณ์)— กระทรวงการต่างประเทศ
- สำนักงานตรวจคนเข้าเมือง — วีซ่า รายงานตัว 90 วัน TM.30— Immigration Bureau
- กรมการปกครอง — ทะเบียนราษฎร ทะเบียนครอบครัว— Department of Provincial Administration
- สภาทนายความในพระบรมราชูปถัมภ์ — ทนายความผู้ทำคำรับรองลายมือชื่อและเอกสาร— Lawyers Council of Thailand
- สำนักงานคณะกรรมการกฤษฎีกา — ฐานข้อมูลกฎหมายไทย— Office of the Council of State
Related services
Most document work runs across several steps — jump straight to the next one you need.
- Certified translation
- Consular legalization
- Notary Public
- Thailand visa
- Full service index
- Knowledge index
For an exact quote and turnaround, call, LINE or email our team on any business day.
Expert reviewed: This page is written and checked by practitioners with 15+ years of hands-on filing experience, sourced from the responsible authorities and signed off by a second reviewer before publication — meet the team · editorial policy
Not sure which service you need? Read the guides
Each guide answers first, then explains: decision criteria, comparison tables, the real process and the mistakes we see most often.
- Choosing a certified translation provider
How to pick a translator accepted by consular, embassy and receiving bodies
- Services for expats living in Thailand
Signature certification, residence, marriage and everyday paperwork
- Notary Public and consular legalization
The correct order of steps before sending documents abroad
- Choosing the right visa and work permit
Compare visa categories and the documents each one needs translated
- Translation by language
English, Chinese, Japanese, European, Arabic, Russian and embassy rules
- Specialized translation
Contracts, financial statements, MSDS, ISO and BOI filings
Talk to us first: 083-2494999 · LINE @NYC168 · contact@nyclegal.co.th
Frequently asked questions
- How does a foreigner register a marriage in Thailand?
- The foreign partner first obtains an affidavit of freedom to marry from their embassy in Thailand, has it translated into Thai and legalized by the Department of Consular Affairs, and then both parties register the marriage at any district office (amphoe) with passports and two witnesses. Since the Marriage Equality Act took effect on 23 January 2025, same-sex couples register on exactly the same basis.
- Do we need an interpreter at the district office?
- Yes in practice — most district offices require that a foreign party who does not read Thai be assisted by an interpreter, and many request that the interpreter present identification and sign the register. Some offices also expect a prenuptial agreement, if any, to be presented before registration, because a prenuptial agreement in Thailand is only valid when registered together with the marriage.
- Is a Thai marriage recognized in my home country?
- A marriage registered at a Thai district office is generally valid worldwide, but recognition procedures differ: many countries want the Thai marriage certificate and the Kor Ror 2 extract translated, legalized by the MFA and certified by their embassy before it is entered in their civil register. Some countries additionally require registration with their consulate within a set period.
- How is a prenuptial agreement made enforceable in Thailand?
- Under the Civil and Commercial Code a prenuptial agreement must be in writing, signed by both spouses and two witnesses, and registered with the marriage at the district office on the day of registration — an agreement signed afterwards is void as to property arrangements. It also cannot contradict public order or the rules on parental duties, so the drafting must be Thailand-specific rather than a translated foreign template.