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Comparative Succession LawVolume II: Intestate Succession$
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Kenneth Reid, Marius de Waal, and Reinhard Zimmermann

Print publication date: 2015

Print ISBN-13: 9780198747123

Published to Oxford Scholarship Online: October 2015

DOI: 10.1093/acprof:oso/9780198747123.001.0001

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Intestate Succession in the Netherlands

Intestate Succession in the Netherlands

(p.224) 9 Intestate Succession in the Netherlands
Comparative Succession Law

Wilbert D Kolkman

Oxford University Press

The Dutch law of intestate succession had no uniformity prior to the codifications of the nineteenth century. This changed in the French era, with the introduction of the Dutch Civil Code of 1838 (Oud Burgerlijk Wetboek, OBW), and later with the new law of 2003, with its predominantly German characteristics. In the past 100 years, two fundamental shifts have taken place in intestate succession law. The most important was the change from a system based on consanguinity to one which focused on the spouse. This development began in 1923 with the recognition of the surviving spouse as an intestate heir in the first class of heirs. Today, the surviving spouse acquires the deceased’s entire estate, regardless of size, who the other heirs are, that surviving spouse’s needs, and the matrimonial property regime in force. The second shift was from a three-line system in 1838 to an almost purely parentelic system in 2003.

Keywords:   Dutch civil law, intestate succession, succession law, representation, heirs, children, spouse, parentelic system

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