Dutch Desk for private individuals – when inheritance, property or family extends across borders
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What private individuals with assets, family or residence in both countries should be aware of legally
A holiday home across the border, an inheritance case in a German-Dutch family, or an accident on the way to Arnhem: as soon as a private matter touches both countries, two legal systems collide. Rogert & Ulbrich's Dutch Desk clarifies for you which law applies, which deadlines apply, and what tax consequences you may face. We advise you in German and Dutch.
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As long as a matter only concerns one country, national law suffices. However, as soon as assets, residence, or family extend across borders, a completely different question arises: Which law is applicable and which court has jurisdiction? This preliminary question often determines more money than the actual dispute.
Typical signs that you need a specialist for German-Dutch legal matters:
- Assets in both countriesThey own real estate, accounts or investments in Germany and the Netherlands.
- Binational family: Marriage or partnership with different nationalities or different residences, with consequences for property regime and inheritance.
- Moving across the border: You are relocating your residence and thus your habitual abode to the neighboring country.
- Contract or notary appointment in the other countryPurchase, gift or will under a foreign legal system.
- Dispute with opposing party or insurer in a neighboring countryUnclear jurisdiction and unclear applicable law.
- cross-border commutersThey work in one country and live in another, with consequences for taxes and social security.
The biggest mistake is simply overlooking the cross-border aspect. Have the applicable law checked early on, before deadlines begin or contracts are signed.
We will take care of your case – quickly & with commitment.
Inheritance case with a connection to Germany and the Netherlands
Few areas are as complex as cross-border inheritance law. Since the EU Succession Regulation (Regulation (EU) No. 650/2012), the applicable inheritance law is generally determined by the deceased's last habitual residence. A Dutch citizen habitually resident in Germany will therefore be subject to German inheritance law unless they have expressly chosen the law of their nationality.
This choice of law is possible and often crucial, as the systems differ considerably. This applies, for example, to the German compulsory share and the Dutch legitieme portie, the legal status of the surviving spouse, and the recognition of wills. Those who make no arrangements leave the distribution of their estate to chance, depending on their place of residence. The European Certificate of Succession subsequently simplifies proving heirship in both countries.
The tax situation is particularly complex. There is no double taxation agreement between Germany and the Netherlands regarding inheritance and gift tax. This can lead to genuine double taxation: Germany taxes the inheritance as soon as the deceased or the heir is resident there. The Netherlands, on the other hand, bases its tax on the deceased's residence and continues to tax its own citizens for ten years after they leave the country. Conversely, a German citizen who moves to the Netherlands and dies within five years remains subject to German inheritance tax. Complete relief is not possible, as Germany only partially credits foreign taxes (§ 21 ErbStG).
A will that doesn't consider both legal systems can be costly. Have your estate planning reviewed while you still have the opportunity to shape it.
Holiday home and property purchase across the border
Buying a holiday home or investment property in a neighboring country seems simple, but it can hold surprises. In the Netherlands, leasehold is common, a form of long-term tenancy: you own the building, but you only use the land in exchange for a regular ground rent. Those unfamiliar with this often underestimate the long-term costs and are later surprised by adjustment clauses.
The notarial process, financing, and taxes also follow their own rules. German real estate transfer tax and Dutch overdrachtsbelasting (real estate transfer tax) have different rates and exemptions, for example, for owner-occupied residential property. In addition, there are ongoing expenses and the question of how the property will be inherited or gifted later. Anyone who owns property in a neighboring country should include it in their estate planning from the outset.
Do not sign anything until the purchase agreement and tax implications have been reviewed. Little can be corrected after the notary appointment.
Traffic accident with international implications
An accident while driving into a neighboring country is a classic case in private international law. In Germany, the applicable law for compensation is determined by the Rome II Regulation, generally by the law of the place where the accident occurred. The Netherlands additionally applies the Hague Convention on Road Traffic, to which Germany is not a party. Therefore, depending on which court has jurisdiction, different laws may apply.
This isn't just theoretical. Damage claims such as pain and suffering compensation differ between the two countries, as does the handling of lost earnings, household management expenses, and expert witness fees. Claims are often processed through a claims representative in the claimant's home country. However, the amount of compensation is determined by the applicable law, not by the language of the written claim.
Accepting a settlement offer from a foreign insurer too hastily could mean throwing money away. Have the offer reviewed before signing it.
Binational marriage, property regime and separation
In a German-Dutch marriage, the question of which matrimonial property regime applies arises even before any dispute occurs. For marriages on or after January 29, 2019, the applicable matrimonial property regime is governed by the EU Matrimonial Property Regulation (Regulation (EU) 2016/1103), which allows for a choice of law and otherwise refers to the first common habitual residence after the marriage. For marriages concluded before this date, the previous national conflict-of-laws rules apply, which can lead to surprises when moving across the border.
The differences are noticeable: Germany's default matrimonial property regime is the community of accrued gains, while the Netherlands has the community of property, which since 2018 has been structured as a limited community of property. In the event of a divorce, the Rome III Regulation (Regulation (EU) No. 1259/2010) determines the applicable divorce law, while jurisdiction and alimony follow their own rules. Matrimonial property regime, alimony, and inheritance law can therefore be subject to three different legal systems.
Before moving or separating, it's worth considering all three levels. Clarify your legal situation before any decisions are made.
Here's how to proceed in a cross-border case
First, establish the facts of the case: Where was the person's last habitual residence, where are their assets located, where was the contract concluded, and where did the damage occur? These points determine the applicable law and jurisdiction. Next, gather the relevant documents from both countries, including wills, purchase agreements, policies, and correspondence with insurers and authorities, including documents in Dutch.
Do not react to deadlines, settlement offers, or declarations presented to you without careful review. A rejection, waiver, or settlement agreement is legally binding in both countries and is extremely difficult to retract. We will examine your case from the perspective of both legal systems, correspond with notaries, insurers, and authorities in the Netherlands and Germany, and assess the tax implications.
Do you have a matter involving both countries? Have it classified before deadlines expire.
Frequently asked questions about the Dutch Desk for private individuals
Rogert & Ulbrich – Your lawyers for German-Dutch legal matters
Rogert & Ulbrich, led by lawyers Dr. Marco Rogert and Tobias Ulbrich, has a multilingual team and a dedicated Dutch Desk for German-Dutch legal matters. Dr. Marco Rogert is a certified specialist in banking and capital markets law as well as transport and forwarding law. He studied at Leiden University and was a professor of business law at FOM University of Applied Sciences. His fluency in Dutch forms the basis of the Dutch Desk, enabling the firm to advise Dutch clients in their native language.
Our firm assists individuals with cross-border inheritance cases, real estate transactions, traffic accidents, and family law matters. We examine the legal situation in both countries, draft wills and contracts, negotiate out of court with insurers, notaries, and opposing counsel, and represent you in court if necessary. We assess the tax implications from the outset, ensuring you know how much of your assets you will retain.
Inheritance in the family, holiday home in a neighboring country or dispute with a Dutch insurer: Get in touch and secure your claims.
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