By Yolanda Bokhorst

‘Patchwork families’ are families made up of parents and children, whereby one – or both – of the parents has brought in a child from a former relationship. Sometimes these parents also have joint children.

Almost 10% of all families are patchwork families. And this is only expected to increase. The relations within such a family are often complex. The children have to get used to the new family and the step-parent and – vice versa – the step-parent has to build a relationship with the step-children.

New Situation

Some families are together full-time, others part-time, half-time or during the weekends – sometimes in combination with shared parenting. To some, these new families feel like an enrichment, but there are also plenty of cases in which the newcomers are seen as interlopers or in which conflicts of loyalty arise. Whatever the case may be, it is always good to look into the legal consequences of the new situation and to put things on paper.

Having a Say over the Children and Expenses

The premise in Dutch law is that the legal parents share parental authority (the right and duty to raise and take care of the children) over their joint children. Whether or not these parents are in a relationship is of no importance. A step-parent has no parental authority. If the step-parent and the parent are married or have entered into a registered partnership and the step-child is part of the family, then the step-parent is obligated to contribute to the costs of sustenance and in the raising of the child. How much, depends on the circumstances.

Pursuant to the European Convention on Human Rights, when the relationship between the step-parent and the parent comes to an end, the step-parent can request visitation rights. Any obligation to contribute to the sustenance, however, ends.

International

The rules described above also apply in international situations in which the child has their habitual residence in the Netherlands. If the step-child and step-parent share a nationality, the step-parent can lodge an objection against the obligation to contribute to the child’s sustenance if the law of this country of shared nationality does not contain this obligation.

Inheritance

Pursuant to Dutch law, step-parents and step-children do not automatically inherit from each other. In the Netherlands, inheritance takes place on the basis of blood relationship. The only exception to this is the spouse or registered partner.

Should you want to leave something to your step-child, you will have to arrange this in a will. There are a variety of options; you can give your children and step-children equal status, you can leave your step-child a certain amount or percentage of the inheritance, or you can determine that your step-child is a joint heir for a particular share.

Does this section of Dutch inheritance law also apply to expats who live here?

International Inheritance Law

Since August 2015, the Inheritance Law Regulation applies in the entire EU, except for Denmark (and, insofar as still relevant, the United Kingdom and Ireland). This regulation states that the law of the last country of residence of the deceased applies to the entire estate and its settlement, including assets that are located in another country.

In other words, should you pass away while living in the Netherlands as an expat, then Dutch inheritance law applies to your entire estate. Unless, in your will, you have determined that the law of your country of nationality applies.

Married, With (Step-)Children and No Will?

Then, in the Netherlands, the rules on intestate succession apply. This means that your (legal) children and spouse are joint and equal heirs. All your possessions and debts go to your surviving spouse, whereby the children have to wait for your spouse to pass away or become bankrupt in order to claim their portion. Before that, they cannot claim their portion, while the spouse can use up the entire inheritance. Step-children do not receive anything, but they can inherit from their own parent.

Especially when the surviving spouse is not the actual parent, these rules can lead to some undesired outcomes. Which is why, particularly in the case of a patchwork family, it is wise to draw up a will that contains arrangements for the own children, step-children and surviving spouse – both upon the death of the first spouse as well as upon the death of the surviving spouse.

Pursuant to Dutch law, step-parents and step-children do not automatically inherit from each other

Not Married, (Step-)Children and No Will?

In this case, only the own children will inherit. If you live together, but are not married or have not entered into a registered partnership, you will not automatically inherit from each other. In order to protect your partner, you should draw up a will. This will should contain provisions clarifying the position of the surviving partner, the own children and the step-children. Generally speaking, a cohabitation agreement will be necessary in order to strengthen your partner’s position.

Inheritance Tax

If you pass away while living in the Netherlands, then Dutch inheritance tax will be levied over your worldwide estate. The lowest rate applies to children and the spouse. The good news is that, if they are included in your will, your step-children will also be subject to the lowest rate.

Drawing Up a Will

Taking into account the complicated situations that may arise in (international) patchwork families, you are strongly advised to draw up a will determining who will be your heirs and taking into account the sometimes sensitive relations between step-parents, own children and step-children. To do this, it is best to contact a civil law notary who is specialized in international inheritance law. In the Netherlands, only a will that has been drawn up by a civil law notary is legally valid. You will have to visit the civil law notary in person to sign the will.

Article Page Half Page Ad

Recently Posted on XPat.nl

If you’re an expat living and looking for work in the Netherlands then there are some vital differences you should know about in regards to your job applications. In the Netherlands, as with most places in Europe, the norm is a CV rather than the resume which is commonly used in the United States amongst … Continue reading "The Difference Between a Resume and a CV"
Buying a home in the Netherlands involves careful financial planning, especially for expats navigating the local property market. A crucial tool in this process is a mortgage calculator, which provides valuable insights into your financial possibilities and helps you find the best mortgage offer. At Hanno, we emphasize empowering homebuyers with clarity and confidence, starting … Continue reading "Understanding Mortgage Calculators in the Netherlands: How to Secure the Best Mortgage Offer"
As 2025 unfolds, expats navigating the Dutch housing market find themselves in a shifting financial landscape. With mortgage interest rates in the Netherlands fluctuating and policy adjustments in motion, it’s crucial for expats to understand what lies ahead. At Hanno, we specialize in guiding expats through the complexities of securing a mortgage in the Netherlands, … Continue reading "Mortgage Interest Rates in 2025: What Expats in the Netherlands Can Expect"
Moving to a new country comes with many challenges, including understanding healthcare. As an expat in the Netherlands, you’re required to have health insurance. But does the basic package cover everything you need? Here’s what you need to know to stay protected and avoid surprises.  What Is the basic health insurance for expats? In the … Continue reading "Health insurance for expats"
Have you just bought or rented a house that needs remodeling – but have no idea where to begin? Then we have the perfect partner for you! We can imagine that it's hard to figure out where to start when you want to remodel your home or improve its sustainability. Veerkade Vastgoed is here to … Continue reading "Remodeling your house in the Netherlands"
It is that time of year again; the new and annually-updated version of The Holland Handbook is here and ready to be enjoyed! Not only that, but this is the 25th edition! More than twenty five years ago, a modest group of three people sat around a table to discuss the possibility of creating a … Continue reading "The Holland Handbook 2025"

Understanding Mortgage Calculators ...

Buying a home in the Netherlands involves careful financial planning, especially for expats navigating the ...

Mortgage Interest Rates in 2025: Wh ...

As 2025 unfolds, expats navigating the Dutch housing market find themselves in a shifting financial ...

Remodeling your house in the Nether ...

Have you just bought or rented a house that needs remodeling – but have no idea ...

How to safely use public wifi netwo ...

Public Wi-Fi networks come with a significant risk to the security of your personal ...

Be prepared for the Dutch housing m ...

Buying a house in the Netherlands may work a bit differently to what you are ...

The UnDutchables 9.0

Following the legendary previous eight editions of The UnDutchables, the 9th edition of this all ...

This is your checklist for moving t ...

Do you plan to move to Amsterdam or somewhere else in our beautiful country to ...

Making the most of your Dutch home

Whether you are renting, staying in a long-term AirBNB or have just bought a ...

Gift giving in the Netherlands-all ...

If you feel like skipping your birthday, you may be in for a challenge when ...

10 things you will find in every Du ...

The Dutch are very fond of houseplants, the more the merrier! You will find the ...