Minister does not want to abolish legitimate portion

Sander Dekker, the Minister for Legal Protection, sees no urgent need to abolish the statutory portion. This is his response to questions from Vera Bergkamp (D66). According to a letter from the Royal Dutch Association of Child Supporters (KNB) she cited, the statutory portion no longer enjoys public support.

In her questions (pdf, 178 kB), Bergkamp emphasized that each individual should be able to decide for themselves who will receive their inheritance. She also referred to a 2016 letter from the Royal Dutch Notary Training Association (KNB). This letter concerned a public survey, which showed that 40 percent of respondents supported abolishing the statutory portion. According to the letter, the vast majority of academics share this view.

Legal conviction
The Minister sees no need to change the current inheritance law, which was introduced in 2003. It stipulates that children who are disinherited in a will retain the right to a statutory portion. This is a sum of money equal to half the value of the inheritance the child would legally inherit. "This restriction on the freedom to testate is based on the legal belief that children and their descendants are entitled to a portion of their parents' estate," the Minister stated. He also argues that the statutory portion offers protection to children from a previous marriage who may be disadvantaged compared to children from a new relationship.

Research
According to Dekker, the KNB study also shows no urgent or widely supported need to abolish the statutory portion. He has also received no indications from practice that point in a different direction. He believes a new study is unnecessary, as the Center for Notarial Law at Radboud University, in collaboration with the Network of Notaries, recently conducted a public support survey on the statutory portion. This report is expected this month.