Last wills and testaments

A notary plays an important role in drafting and executing wills. A will is needed in all cases where a testator wishes to derogate from the statutory provisions on succession. 

A will must be drawn up by a notary, who is required to inform the Register of Wills of the name of any person who instructs him to draw up a will, but not of its contents. This means that it is possible to establish after a death whether the deceased had made a will with a Curaçao notary, and if so, which notary.

A non-Dutch national who wishes to draw up a will in Curaçao, for instance because he lives and/or has capital or assets here, would also be well-advised to consult a notary. As problems of private international law may occur in such cases, a notary will determine how best to protect the interests of the testator.

Probate proceedings are unknown in Curaçao. After a death, a notary issues a "certificate of admissibility’ recording the names of the heirs. Once in possession of this certificate they can access the deceased’s bank accounts and other assets of the estate. A Last will may be drawn up in Dutch, English and Papiamento.

The minimum legal fees for last wills and testaments are Naf. 350.00 besides the stamps (Naf. 5.00 per page) and a 6% turn over tax.

Please see also under Estate Planning.