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. Under the Netherlands Antilles law, children (and in some cases grandchildren) are entitled to a certain minimum share (legitieme) of the estate. A testator can never disinherit children or grandchildren from this minimum share, and they may claim it without recourse to the courts.

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 Netherlands Antilles notary, and if so, which notary.

A non-Dutch national who wishes to draw up a will in the Netherlands Antilles, 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 often occur in such cases, a notary is well-place to determine how best to protect the interests of the testator.

Probate proceedings are unknown in the Netherlands Antilles. 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.

The minimum legal fees for last wills and testaments are NAf. 200.00 besides the stamps (NAf. 5.00 per page) and a 5% turn over tax.