Will Translation for the Netherlands

Legitieme portie and the reserved share

Dutch succession law has a reserved share (legitieme portie) under which children may claim a certain minimum portion; weighing the testator’s intention against that share is the work of the notaris and the lawyer, not of the translator. The translator carries the intention expressed in the will across as it stands and adds no view on whether it conflicts with the reserved share. Nor are the Turkish concepts of the reserved share or of abatement equated with a Dutch institution; the wording of the source text is kept and supported with an explanation where needed. Rendering such a concept with an approximate Dutch term can unwittingly alter the extent of the portion an heir may claim, and that assessment is left to the notaris and the lawyer.

The proportions of the shares, the names of the beneficiaries and the descriptions of immovable property are guarded like numerical identifiers; once a figure in a share or the spelling of a name changes, it becomes arguable who the intention was directed towards and over what. The conjunctions and the sequence of conditional wording are carried across exactly, because these are what show the circumstance on which a disposition depends. Since the notaris will carry this information into the verklaring van erfrecht and the administration of the estate, the completeness of the translation is what the procedure rests on.

Applicable law and the executeur

In an estate connected with the Netherlands, which country’s succession law applies is a question decided on criteria such as habitual residence, and it is dealt with separately in files that also touch Türkiye. That legal assessment is made by the notaris and the lawyer; the translator conveys the intention expressed in the will as it stands and writes no conclusion on the applicable law. The task of the translation is to carry the intention across without the slightest drift and to keep the file open to assessment.

In the Netherlands an estate may be administered by an executor (executeur) appointed in the will; where there is such an appointment, the name of the person appointed and the extent of their powers are preserved in full in the translation. The limits of those powers – which assets, for how long – produce legal consequences, so they are conveyed without being generalised. Carrying this information across correctly strengthens the basis for the verklaring van erfrecht and for the administration of the estate.

The type of the will and its formal features are reflected plainly in the translation: in a handwritten will, the fact that the text was written by hand together with the date and signature details; in a will drawn up before a notary, the details of the notary and the witnesses. The names of those in whose favour dispositions are made, the descriptions of immovable property and the proportions of the shares are the most sensitive data in the document; once a figure in a share or the spelling of a name changes, it becomes arguable who the intention was directed towards and over what. This information is treated like a numerical identifier and preserved unchanged.

The notaris and the verklaring van erfrecht

In the Netherlands the succession is handled by the notary, and it is the notaris who draws up the certificate of inheritance setting out the heirs and their powers (verklaring van erfrecht). Where a Turkish will is to serve as the basis of that procedure, the notaris reads the intention and the beneficiaries from the translation and carries them into the document he draws up. Names, descriptions of immovable property and proportions of shares are therefore preserved word for word in the translation; a share that drifts leaves the certificate of inheritance open to dispute.

Centraal Testamentenregister (CTR)

Wills in the Netherlands are entered in a central register (Centraal Testamentenregister, CTR), which the notaris searches when the succession opens to see whether a will exists. A Turkish will is not part of that system, but for the notaris to assess the file as a whole, the translation is expected to be complete and to be submitted together with the record of the opening of the will; an abridged translation blurs the extent of the testator’s intention.

The type of will and Rbtv registration

The type of will – drawn up before a notary or handwritten – is stated in the translation; the document is carried across with its own identity and not equated with a Dutch type. In the Netherlands, a translator producing an official translation is expected to be entered in the Rbtv register; the registration number appears on the declaration page, where the notaris can verify it.

The order of certification and common mistakes

In a translation produced in Türkiye, the sworn translator signs it, the notary notarises it and an apostille is added. As a will originates from a notary or a court, the apostille is obtained from the judicial justice commission.

• Add no view on validity to the testator’s intention; the notaris assesses that.
• Check that the Rbtv number is visible on the declaration page.
• Include the record of the opening of the will; obtain the apostille from the judicial justice commission.

The Netherlands is a party to the Hague Apostille Convention; check the current position on the official HCCH list. You can run your file through our single office in Ankara Kızılay, see the cost on our pricing page and request a quotation by uploading your document. This page is for general information and is no substitute for legal advice; for the succession itself, consult your notaris and your lawyer.