I am very much in favor of families gathering around the table to discuss future estates with each other in harmony and contracting about them. It is often said that this is not possible under Dutch law, but this is only very partially correct. An agreement about the entire estate or a proportional part of the estate is legally void. Except for that, everything is possible. For example, families can make perfectly legally binding inheritance agreements on the future estate concerning a family business or a landed estate if there is a family business or an estate. It is crucial for family members to communicate and listen to each other and also hear from the future testator why he considers certain arrangements important. It prevents disharmony in families to a great extent and may therefore avoid consuming conflicts after death.
In an action coordinated by colleagues in inheritance law to publish articles on the ideal arrangement for an (integral) inheritance agreement in Dutch law, I wrote a contribution in Fiscaal Tijdschrift Vermogen 7-8 2024 on the Experiences in American law with ante-mortem probate. It is always very refreshing to compare experiences from a substantially different legal system with our situation.
What can we learn from the American legal practice of using arrangements during life to prevent future conflicts over estates ? How can this influence the ideal arrangement of an inheritance agreement in Dutch law ?
The publication is in Dutch, except the quote from Abrahama Lincoln:
'Discourage litigation; persuade your neighbors to compromise whenver you can. Point out to them how the nominal winner is often a real loser - in fees, expenses and waste of time'.