De ‘verboden beschikkingen’ in het erfrecht
| PhD ceremony: | Mr H.J. (Rik) de Jonge |
| When: | November 25, 2024 |
| Start: | 14:30 |
| Supervisors: | prof. mr. dr. W.D. (Wilbert) Kolkman, prof. mr. dr. L.C.A. (Leon) Verstappen |
| Co-supervisor: | mr. dr. R.E. (Ronald) Brinkman |
| Where: | Academy building RUG |
| Faculty: | Law |
This dissertation examined the “forbidden last wills” in inheritance law. Forbidden last wills are regulated in article 4:57-62 of the Civil Code. Under these provisions, some specific groups of persons are excluded in advance from being allowed to benefit from a particular estate. Primarily, the forbidden last wills are aimed at protecting the vulnerable testator. In addition, they aim to ecarte the disadvantage to the heirs resulting from the testator's undue influence. The forbidden last wills must be seen against the background that a disposition of property upon death is not voidable for abuse of circumstances (article 4:43 paragraph 1 Civil Code).
This dissertation examined whether the forbidden last wills in their current form and intention are sufficient to achieve the goals they pursue. In addition, the central question is whether it would not be better to make a disposition amenable to annulment for abuse of circumstances (instead of or in addition to excluding specific groups of persons). I have answered these questions on the basis of literature study, case law, legal comparison with Belgium and Curacao and the results of a field research I conducted among lawyers and notaries, although I have not drawn any firm conclusions from the results of the field research.