wilsbekwaam

Wilsbekwaam is a Dutch legal term that refers to a person’s capacity to make autonomous decisions and to be held responsible for those decisions under civil law. The concept is central to matters such as entering contracts, making wills, and giving informed consent for medical treatment. A person who is wilsbekwaam is considered capable of understanding the nature and consequences of a proposed action and of expressing a free and deliberate choice.

The assessment of wilsbekwaamheid typically involves evaluating mental competence, age, and the presence of any impairments that could affect judgment. In the Netherlands, the age of majority is 18; individuals who have reached this age are presumed wilsbekwaam unless a court determines otherwise. Minors may also be deemed wilsbekwaam in specific contexts, such as when they are sufficiently mature to understand a particular transaction (the “gespreksbevoegdheid” rule).

Legal incapacity can arise from mental illness, intellectual disability, intoxication, or other conditions that hinder rational decision‑making. When a person is declared niet wilsbekwaam (not capable of will), a legal guardian (curator) may be appointed to act on their behalf, and their ability to conclude contracts or make binding statements may be limited or void.

The doctrine of wilsbekwaamheid interacts with related concepts such as “handelingsbekwaam” (capacity to act) and “rechtsbekwaam” (capacity to hold rights). While handelingsbekwaam focuses on the ability to perform legal acts, wilsbekwaamheid emphasizes the internal, cognitive aspect of making a free choice. The principle aims to protect individuals from exploitation while respecting personal autonomy.