The benefits, but also the burdens?

The Backer family is large. Grandma Cathrien and Grandpa Dirk are in their late seventies and recently married. They and the (grand)children from their respective families occasionally need the help of a notary. You can read about their recognisable situations here.

Enjoying the benefits, but what about the burdens?

If an inheritance turns out to bring unpleasantly large debts, you can refuse it. But only under certain conditions.

‘Did you know that, Dad? That you’re allowed to disclaim an inheritance?’ Dirk’s son Jaap had had his neighbour over. The neighbour had been saddled with an enormous debt from his late father. But he had refused it.

Gambling debts
Dirk happened to have just had a conversation about it with a notary friend. ‘Yes. But I don’t think your neighbour can say: give me the household contents, but not the debts. It’s all or nothing.’
Jaap nodded. ‘Right. He refused everything. Because he knew his father had gambling debts. The catch was that the “inheritance” then automatically passed to his own children. But they refused too, and their notary helped them with that.’

Time to think it over
Whether or not you accept an inheritance, you’re allowed some time to think about it. Namely three months. But in the meantime you must not ‘behave as an heir’. For example by already taking that lovely little painting with you. Or transferring money to your own account. Then you are an heir, and automatically liable for any debts. Accepting the inheritance this way is called ‘unconditional acceptance’.

Accepting with benefit of inventory
‘You can also “accept with benefit of inventory”,’ said Dirk. ‘Then you inherit all the assets and debts together with any other heirs. Only, you are then not liable with your personal assets. This is a sensible choice if it is unclear which is larger: the debt or the assets.’
‘But what if Mariëlle and I both die? Then our son Sem, who is five, surely can’t just accept everything?’
‘No, if someone does not have free management of the assets, such as a minor, then it is automatically with benefit of inventory. And then the subdistrict court judge comes into the picture. But Jaap, first make sure you don’t run up any debts,’ Dirk joked.