Bill to protect minors' assets rejected

The Minister for Legal Protection, Franc Weerwind, is abandoning a bill to strengthen the position of minors in inheritance law. He will, however, arrange for the child's assets to be placed under the guardianship of the parents if the parents themselves are under protective guardianship.

The investigation into potential new legislation was prompted by parliamentary questions from Michiel van Nispen (SP) regarding strengthening the position of minors in inheritance law, the protection of inherited assets, and the supervision thereof. Since then, exploratory discussions have been held with, among others, the Royal Dutch Association of Civil-Law Notaries (KNB) and the Expert Group on Guardianship, Administration, and Mentorship of the National Consultation on Civil and Administrative Law (LOVCK) of the Judiciary.

Bad government
According to the minister (pdf), in practice, poor stewardship by parents or guardians occurs only very rarely. For inheritances of minors, a will can be drawn up to provide tailored arrangements for how the inherited assets will be supervised.

Regulation
According to the LOVCK, it is desirable for a child's inherited assets to be placed under the guardianship of the parents if the child's parents are themselves under protective guardianship. Weerwind agrees and will be working on a plan. It is not yet known when this can be prepared, due to the available capacity at the ministry.