In the Netherlands, partners can choose between two different forms of housing development, which are governed by law: they can marry or enter into a registered partnership. It is also possible to sign a cohabitation agreement and, of course, to live together without signing a formal agreement. If you want your partner to be (also) your heir, you must have a will in which you register it. If your partner inherits you, it can make a substantial difference whether or not you have a life contract and for the exemption from inheritance tax and the percentage of tax that must be paid (for the amount greater than the exemption). In the absence of a tax contract, only a small amount is exempt from inheritance tax. In this case, thirty to forty per cent of taxes are levied on this amount. However, in the case of a cohabitation contract, an exception applies up to a much higher amount. In addition, 10 to 20% of taxes are paid. A cohabitation contract is not mandatory. However, we recommend that you enter into a cohabitation agreement if you choose to live together. Agreements that have been set in advance can cause many concerns if the relationship collapses. Having children and a cohabitation contract If you have children together or if you have children from a previous relationship, these children are your rightful heirs. If you die, your children are immediately entitled to their legal share.
Do you want to protect your partner or appoint your partner to a unique heritage? This is possible thanks to a notarial cohabitation agreement associated with a final will. Times have changed and will continue to change. The Netherlands is not as conservative as it used to be. There was a time when some kind of joint life contract or registered partnership would have been considered a taboo, if not a sin. Today, there are different regulations for different types of couples in an ever-changing society. How is your union officially registered? Are you married, in a registered partnership or are you simply living on a residency contract? If none of this is yet relevant to you, who would you choose and why? When partners live together, there is no statutory provision. Nevertheless, cohabitation has consequences on the rules applied by certain institutions, such as the tax and customs administration (partnership tax). Finally, in many cases, a cohabitation contract is required to be eligible as a partner. In the absence of a cohabitation agreement, the pension will not be paid as a partner`s pension to your partner if you die. The result is that your partner is left untreated in this regard.
If you want to keep your assets and debts separate, you can get a social contract from a notarized notary. You ensure that your partnership agreement is registered in the register of matrimonial real estate that you can consult here. The cohabitation agreement may stipulate that the co-ownership belongs to the longest living.