behoudenzoals

Behoudenzoals is a Dutch legal term that translates to "as retained" or "as held." It is used in the context of inheritance law to describe the situation where a deceased person's estate is divided among their heirs according to the rules of intestacy, even if the deceased had made a will. The term is derived from the Dutch phrase "behouden zoals," which means "to retain as."

The concept of behoudenzoals arises when a will is deemed invalid or inoperative. This can occur for various reasons, such as the will being made under duress, fraud, or undue influence, or if the testator lacked the mental capacity to make a valid will. In such cases, the court may order that the estate be distributed according to the rules of intestacy, effectively "retaining" the estate as it would have been if the deceased had died without a will.

The rules of intestacy in the Netherlands provide a default method of distributing an estate when there is no valid will. These rules are designed to ensure that the estate is distributed fairly and equitably among the deceased person's heirs. The specific rules can vary depending on the relationship of the heirs to the deceased, but generally, they prioritize the distribution of the estate to close relatives, such as spouses, children, and parents.

In summary, behoudenzoals is a legal term used in Dutch inheritance law to describe the situation where a deceased person's estate is distributed according to the rules of intestacy, even if the deceased had made a will. This occurs when the will is deemed invalid or inoperative, and the court orders that the estate be "retained" as it would have been if the deceased had died without a will.