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Inheritance law · 2026-01-01 · 6 minutes

Nephews and nieces

A nephew or niece does not come into the estate because he or she was close. Closeness is not a share of the estate. They come into view by representation (plaatsvervulling), if their father or mother, who would have been an heir, died earlier, or because a further group has been reached. Those two routes are not the same. In the file you write the route, not the affection. A card saying dear niece is not a source for a share. Ervazo does not put a nephew on the list because he arranged the funeral.

In representation the nephew or niece takes the place of the parent who died earlier. Several children of that parent share that one place. They do not each receive the share their parent would have had as a full extra share piled on top of one another. You note the deceased parent, the children, and that they share that place. You do not invent a fraction. The notary or the deed later says which share belongs to that place. Until then the share stays empty. A niece who is the only child of that parent shares the place on her own, and that too is the parent's place, not an extra child beside the other heirs.

A further group is the other route. Then it is not about the place of a child or of a brother, but about family who come forward only when earlier groups are empty. Even then the relationship is the reason, not the Christmas card. Note the degree as you can take it from a document, or leave the degree open. A niece of a niece is not automatically closer to the estate because she visited more often. A visit you may if need be note as a fact about contact. It is not a share. Without a route the nephew or niece remains a name in the address book.

For every nephew and niece, therefore, ask first: whose place, or which group. No answer means no share of the estate on the list. Several nieces of the same parent together share that parent's place. They do not each receive a full child's share of their own on top of that. A warm tie may stand in a note about the funeral. It does not move across to the column of persons entitled. Ervazo makes no deed and does not divide a place into fractions.