An inheritance dispute between siblings can arise over a missing bank statement, the value of the parental home or the question of who will continue the family business. ‘We cannot agree’ is understandable, but too broad to lead to a solution. First describe what the disagreement is about, which information is missing and which decision needs to be taken now. A lawyer, civil-law notary or expert can then choose a suitable route.
Written by Öznur Batur (family law aspects) and Onur Arslan (property law aspects), attorneys at Arslan Advocaten. Legal review: 28 September 2026. General information is not legal advice about your own situation.
An estate may also still be under administration or in liquidation (vereffening). Not every discussion is already a dispute about division. So check the will, the heirs, any executor (executeur) and whether debts and taxes have already been listed. If there is doubt about liability for debts, the choice about accepting the inheritance deserves immediate attention.
Separate five types of dispute
| Dispute | Example | First useful step |
|---|---|---|
| Authority | One family member says they may sell the house alone. | Check the will, the certificate of inheritance (verklaring van erfrecht) and the powers of an executor. |
| Information | Annual accounts or bank statements are not provided. | Make a targeted list of documents and the reason why you need them. |
| Scope | A loan to the business is missing from the overview. | Collect deeds, statements and business records. |
| Value | Heirs are using different valuations. | Agree on the asset, valuation date, data and the assignment for an expert. |
| Allocation | Two heirs want the same property. | Compare scenarios that can be financed, deadlines and a sale as an alternative. |
This breakdown prevents a fundamental conflict about trust from turning into a discussion about every single figure. A missing document calls for access. A difference in valuation calls for sound starting points. A disagreement about who may become the owner can only be resolved after those two steps.
Inheritance dispute between siblings: start with the law, not the family bond
The question ‘how do a brother and sister divide the inheritance?’ often comes down to one of two situations. Sometimes they are jointly entitled to an undivided house or block of shares. Sometimes the statutory division (wettelijke verdeling) applies and the children have a monetary claim against the surviving parent. In that second case, the brother and sister cannot simply decide together to sell the parental home. A will may also provide for different inheritance shares, a legacy (legaat) or a special power. So first establish whether there actually is co-ownership.
Where there is joint entitlement, an equal inheritance share does not automatically give a claim to half of each individual asset. The heirs can allocate a house to one of them and other assets to the other, with a monetary adjustment. If both want the same property, set out the value, the financing and the costs since the death. Whoever lives in the house or collects the rent should keep a clear record of that income and those costs. The question of who gets an asset should not be decided on the basis of a valuation alone, without considering the rest of the estate.
Fictitious example. Two sisters each inherit half of an estate consisting of the house of their deceased parent and a small private limited company (bv). The first wants to stay in the house, the second wants her inheritance share in money. First it is established whether the house was the parent’s private property and whether a provision relating to a surviving spouse or in a will affects ownership. Next, the house, the mortgage, the shares and any loan between the parent and the bv are listed. The first sister investigates a buy-out she can finance; if that does not work, they compare a sale scenario. The equal inheritance share does not in itself determine who gets the house.
Build a basic file
Make one overview of assets, debts, ongoing income, costs, important dates and the people involved. Keep correspondence and note which documents you hold yourself and which you have requested. If the estate includes a business or a property bv, describe the structure: who held shares, which property is in whose name and which loans exist between private and bv? A Chamber of Commerce (KVK) extract or WOZ assessment (WOZ-beschikking) is useful as a starting point, but it does not replace a title deed, a complete financial overview or a suitable valuation.
Make a clearly defined request to the other party. For example: ‘For the valuation of the shares at the valuation date relevant to us, we need the annual accounts of the holding company and the operating company, the current figures and the shareholders’ agreement.’ Which valuation date applies for the inheritance tax return or for the division between the heirs must be determined separately. Ask for a response within a reasonable period and document which items remain unclear. Sometimes a civil-law notary or a joint expert can structure the exchange, with arrangements on the confidentiality of business information.
Make temporary arrangements to limit damage
The family can wait for the final division; a leaking roof, an outstanding mortgage instalment or a business’s payroll cannot. Agree in writing, without anticipating the final division, who manages insurance, rent, maintenance, taxes and necessary business costs. Keep receipts and expenses separately. Only allow major sales, dividends or loans within a clear framework of authority.
Sometimes there is an executor or liquidator (vereffenaar) with statutory or testamentary duties. An ordinary executor manages the estate and pays debts within the scope of their powers, but does not divide the estate by virtue of that role; an estate administrator (afwikkelingsbewindvoerder) may have more extensive powers. So do not automatically assume that all heirs may or must carry out every act jointly. A lawyer or civil-law notary can assess the precise role and duties to provide information on the basis of the documents. If there is a threat of loss of value or an approaching deadline, the question of an urgent measure may arise; in that case, do not wait for regular consultation about the entire estate.
Choose the route that fits the dispute
Negotiation with shared figures. Agree on one basic set of documents, have uncertainties recorded explicitly and work with a draft division. Set out debts, earlier payments and transfer costs alongside the gross value.
Mediation. This can help if there is room for a broader arrangement on management, buy-out, family relationships and deadlines. Make sure any agreement reached is reviewed from a legal and tax perspective before it is finally signed.
An independent valuation. Write the assignment together: which asset, which date, which information, which method and which limitations? For a business, a valuation of the real estate alone is insufficient if there are also contracts, financing or an operating business. See valuing a business in an estate.
The court. If consultation fails, court proceedings on the division or on a separate point of dispute may be necessary. The Dutch judiciary (Rechtspraak) describes an extended procedure for heirs who cannot divide the estate among themselves. Which claim, parties and procedural steps are appropriate depends on the file. State specifically what you are asking for and which documents it is based on.
Proceedings become more useful with a concrete proposal: which assets should be allocated or sold, which value and valuation date are proposed, which payments are needed and what does an expert still need to investigate? Note which amicable steps have already been taken and what the response was. If only the value is disputed, a targeted valuation may be cheaper and quicker than proceedings about the entire estate. If authority or information is lacking, that may be exactly what needs to be resolved first.
An ordinary executor is not automatically the person who may determine the final division. With an estate administrator, the will may confer more extensive powers. During a liquidation, other rules may also apply to the management of the estate and payment of debts. Read the provisions on authority before you accuse a family member of not cooperating with a decision they may not be allowed to take. If in doubt, have the civil-law notary or lawyer explain the role in writing.
When the family business or real estate is at the heart of the dispute
A successor may want to keep the business while others want to be paid out. Do not only calculate the likely value of the shares, but also the financing of the buy-out and what happens to management, liability, employees and contracts. The articles of association or shareholders’ agreement may affect transfer or control. An heir who becomes a shareholder is not automatically authorised to manage the business.
For a property, the valuation, lease agreements, maintenance, mortgage and selling costs can make the difference. An heir who wants to buy out the others must be able to show how and when they will pay; a forced quick sale can turn out badly for everyone. See buying out or selling inherited real estate for the individual steps.
Fictitious example. Under a will, three children inherit a let commercial property and shares in the family bv. One child manages the rent and wants to take over the property; the others receive no account statement. Instead of arguing straight away about a buy-out sum, they have it recorded who manages the rent, request the lease agreements and bank statements and have the property and the shares investigated as separate assets. It then becomes clear which disagreement remains. This is an imaginary working method and not a guarantee of any outcome.
Avoid an agreement that creates the next dispute
A final agreement must record who gets which asset, which debts are included, how earlier payments are set off, which amount is to be paid on which date and what happens if financing, a tax assessment or a notarial transfer does not go ahead. Also state whether the agreement settles all points of dispute or whether certain points explicitly remain open. Have any minor heirs, legatees and other interested parties assessed according to their own legal position.
Frequently asked questions
Can one heir block the division? Disagreement can prevent a voluntary division. Depending on the situation, the court may determine a solution for the division. The exact route requires an assessment of the will, the estate and the parties involved.
Do I have to try mediation first? Not in every case. Mediation can be useful if there is sufficient information and room for negotiation; in urgent cases or a strictly legal dispute, a different step may be needed.
What if an heir does not share the documents? Make a targeted request for the relevant documents and keep your request and the response. A lawyer can assess which power or procedural route to access is appropriate.
May the executor sell the house without consultation? That depends on the will, the statutory duties and the actual situation. Have the authority reviewed before you treat a sale as valid or invalid.
Who pays for the valuation? Agree on the assignment and how the costs are shared in advance. In proceedings, a court decision on costs and an expert investigation may be at issue.
Can a brother or sister demand that the house be sold? That depends on ownership, any will and the options for a different division. In the case of an undivided community, the court can rule on the division; the desired sale does not automatically follow from the mere wish of one heir.
What if one of us works in the family business? That role may be relevant for continuity and valuation, but it does not simply give a larger inheritance share or an automatic right to receive the shares. Compare separately the legal rights, a suitable valuation and a succession arrangement that can be financed.
Do you want to get a stalled estate moving again? Get in touch with an overview of the heirs, the will, the assets involved and the specific point of disagreement. Öznur Batur and Onur Arslan can assess the family position and property law questions together; a special power under inheritance law or a tax issue requires a targeted additional review.
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Sources consulted: Rechtspraak: extended procedure for dividing an inheritance (in Dutch), Rechtspraak: inheritance procedures (in Dutch), Notaris.nl: problems with the division (in Dutch), Notaris.nl: settling an estate (in Dutch).
