Hard to digest
We help our clients every day by providing solutions for situations you often hope and expect will never arise. But experience has taught us that reality often surpasses the wildest imagination; what you might consider impossible or improbable happens regularly in everyday life.
For this reason, we advise our clients, for example, that if they want to have control over their estate, they should make a will. Since the horrific Tenerife plane crash of March 27, 1977, involving KL4805, we always emphasize the inclusion of the so-called "survivorship clause," also known as the "disaster clause," in the will. The survivorship clause generally stipulates that if spouses die without children within 30 days of each other, each spouse's estate goes to their own family, not to the surviving spouse's family.
The newspapers are currently full of stories about what happened to Jeroen and Michou, a young couple from Voorburg, and their families.
Jeroen and Michou died of food poisoning in quick succession during their honeymoon in the Dominican Republic. You wouldn't necessarily consider such a thing likely. Jeroen and Michou had no children and never made a will. Because Michou died first, her estate would, according to the law of inheritance, go to Jeroen and then to his family.
The District Court, however, ruled that this outcome was contrary to reasonableness and fairness and that Michou's estate should go to her own family. Jeroen's family objected and appealed to the Court of Appeal. The Court of Appeal overturned the District Court's judgment and ruled that Michou's inheritance should go to Jeroen and subsequently to Jeroen's family, based on statutory inheritance law. The statutory rule also applies in their situation. If a testator wishes otherwise, they must have a will with a contingency clause drawn up by a notary during their lifetime.
After this ruling, you have one more reason to check whether you have a will and whether it contains a disaster clause. Take control of your estate, make a will, and don't put your family in the position Michou's family has now unwillingly found themselves in, unless that is your express wish.
Come by or call us. The consultation is free. To schedule an in-office consultation or a video call, please call +31 (0)10 44 53 777. We're here for you.
The Hague Court of Appeal, 12 May 2020, No. 200.255.304/01 (ECLI:NL:GHDHA:2020:891)
For this reason, we advise our clients, for example, that if they want to have control over their estate, they should make a will. Since the horrific Tenerife plane crash of March 27, 1977, involving KL4805, we always emphasize the inclusion of the so-called "survivorship clause," also known as the "disaster clause," in the will. The survivorship clause generally stipulates that if spouses die without children within 30 days of each other, each spouse's estate goes to their own family, not to the surviving spouse's family.
The newspapers are currently full of stories about what happened to Jeroen and Michou, a young couple from Voorburg, and their families.
Jeroen and Michou died of food poisoning in quick succession during their honeymoon in the Dominican Republic. You wouldn't necessarily consider such a thing likely. Jeroen and Michou had no children and never made a will. Because Michou died first, her estate would, according to the law of inheritance, go to Jeroen and then to his family.
The District Court, however, ruled that this outcome was contrary to reasonableness and fairness and that Michou's estate should go to her own family. Jeroen's family objected and appealed to the Court of Appeal. The Court of Appeal overturned the District Court's judgment and ruled that Michou's inheritance should go to Jeroen and subsequently to Jeroen's family, based on statutory inheritance law. The statutory rule also applies in their situation. If a testator wishes otherwise, they must have a will with a contingency clause drawn up by a notary during their lifetime.
After this ruling, you have one more reason to check whether you have a will and whether it contains a disaster clause. Take control of your estate, make a will, and don't put your family in the position Michou's family has now unwillingly found themselves in, unless that is your express wish.
Come by or call us. The consultation is free. To schedule an in-office consultation or a video call, please call +31 (0)10 44 53 777. We're here for you.
The Hague Court of Appeal, 12 May 2020, No. 200.255.304/01 (ECLI:NL:GHDHA:2020:891)
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Why MAES notaries
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