Articles — Posted on 22-04-2021

Step-by-step plan for legal capacity updated

The Royal Dutch Association of Legal Provisions (KNB) step-by-step plan for legal capacity has been updated. It replaces the previous step-by-step plan from 2013. The new step-by-step plan incorporates user experiences and aligns more explicitly with the UN Convention on Disabilities. This convention stipulates that people with disabilities should be able to exercise their rights independently as much as possible.

The UN Convention on the Rights of Persons with Disabilities has been in force in the Netherlands since 2016. The aim of this convention is to improve the position of people with disabilities. Making their own decisions about their assets, with (some) assistance, is considered important in this regard. This is preferable to having someone else make these decisions or to refusing to use a notary. The new step-by-step plan provides notaries with guidance on how to support their decisions.

Sharper distinction
The notary's duty is to protect the client from undue influence. Therefore, the updated step-by-step plan also makes a clearer distinction between the assessment of mental capacity and the review of the will.

Source: Royal Dutch Association of Civil-Law Notaries

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