Prioriteiterfenis

Prioriteiterfenis refers to a Dutch legal concept concerning the priority of claims against a deceased person's estate. When a person dies, their assets form an estate that is responsible for settling their debts. If the estate's assets are insufficient to cover all outstanding debts, a hierarchy of creditors is established to determine who gets paid first. This is where the concept of prioriteiterfenis becomes relevant.

The term literally translates to "priority inheritance" or "priority estate." It signifies that certain creditors have a legal right to be satisfied before others from the available assets. This priority is generally based on the nature of the debt or the existence of specific security. For example, secured creditors, such as those holding a mortgage on a property, typically have a higher priority than unsecured creditors, like suppliers or personal lenders.

In the Dutch legal system, specific laws and legal precedents define the order of priority for different types of claims. These typically include costs associated with the administration of the estate, certain tax claims, and debts secured by specific rights, such as liens or mortgages. Unsecured creditors are generally at the bottom of this priority list. The principle ensures a structured and fair distribution of limited estate assets, preventing a free-for-all among creditors and providing a framework for estate settlement.