Afstelproces

Afstelproces, also known as the "Afstelsel" or "Afstelling," is a Dutch legal process that allows individuals to challenge the validity of a will or inheritance. The process is governed by the Dutch Inheritance and Succession Act (Wet op de Successie en de Afsterving).

The afstelproces is initiated when a person, known as the "afsteller," believes that the will of the deceased is invalid or that the inheritance has been distributed unfairly. The afsteller must file a complaint with the court within a specific time frame, typically within three years of the deceased's death. The court will then investigate the allegations and may order an appraisal of the deceased's assets.

The court's decision in the afstelproces can lead to several outcomes. If the court finds that the will is invalid, it may order a new distribution of the inheritance based on Dutch inheritance law. If the court finds that the will is valid but the distribution was unfair, it may adjust the distribution accordingly. In some cases, the court may dismiss the complaint if it finds no basis for the allegations.

The afstelproces is a complex and technical legal process, and individuals considering initiating the process are advised to consult with a legal professional. The process can be time-consuming and costly, and the outcome is not guaranteed. However, it provides a mechanism for individuals to challenge the distribution of an inheritance if they believe it to be unfair or invalid.