The fideicommissum in the notarial practice

Research output: ThesisThesis fully internal (DIV)

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Abstract

Some part of the Dutch law of succession are as leaky as a sieve

This dissertation investigates a phenomenon from the law of succession, by which someone can bequeath his inheritance not once, but several times. Since the introduction of the ‘new law of succession’ in 2003 use has been made of this possibility hundreds of thousands of times.
An example: the deceased has bequeathed his inheritance to his child. The deceased has arranged that if his child dies (first beneficiary), the inheritance must be passed on to his grandchild (second beneficiary). The child cannot then (during life or through a testament) gain control of the inheritance of the deceased. For example, he cannot bequeath the wealth from this inheritance to his partner.
The PhD student, who himself comes from the legal practice (he is a notary), demonstrates in the research that many questions which arise in practice, have received no or insufficient attention in the legislative process. Many legal procedures are therefore to be expected about this complicated topic between the ‘primary’ and ‘secondary’ beneficiaries, as well as between the ‘primary’ or ‘secondary’ beneficiary and third parties (such as creditors).
In this research the complexities when drawing up a testament and the settlement of the inheritance are examined (both by the death of the deceased and the death of the ‘primary’ beneficiary). There is also much attention given to questions about the relationship between the ‘primary’ and ‘secondary’ beneficiary during the (usually long) time that the ‘primary’ beneficiary has control of the inheritance. Finally, the complicated situation is explained where the ‘primary’ or ‘secondary’ beneficiary marries in community of property.
Translated title of the contributionThe fideicommissum in the notarial practice
Original languageDutch
QualificationDoctor of Philosophy
Awarding Institution
  • University of Groningen
Supervisors/Advisors
  • Kolkman, Wilbert, Supervisor
  • Verstappen, Leon, Supervisor
Award date11-Sep-2014
Place of Publication[S.l.]
Publisher
Print ISBNs978-90-8974-965-9
Electronic ISBNs978-94-6274-130-0
Publication statusPublished - 2014

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