The child's monetary claim

Under the statutory division the child does not receive a share of the house. The child receives a monetary claim against the surviving spouse or registered partner. That distinction should be visible in the file. The house remains an asset on the side of the surviving spouse or registered partner. The claim stands in the child's name, with the surviving spouse or registered partner as debtor. Whoever sweeps those two entries onto one pile makes the file pretend that the child is a co-owner. Art. 4:13 BW does not say that.

In principle the claim is not payable on the day of the first death. In principle it becomes payable on the death of the surviving spouse or registered partner. The file therefore does not get an ordinary payment date. It gets an event: payable on the death of the surviving spouse or registered partner, unless a deed provides otherwise. A calendar date that no one can take from a document does not belong in the field. The software does not calculate that day from an assumption.

You mention interest only if the will or the statute gives a rule for it. Often the interest is set out in the will or in the statute. A percentage that does not appear in the file is not filled in. The interest field stays empty for as long as the deed has not been read. With the claim there is then a question: what does the deed say about interest. The answer comes from that document, not from a default figure in the software. No source, no interest, and no source, no additional amount booked.

The amount of the claim is not a field to round off. The basis belongs with it: statutory division, which child, and whether the division was later undone. Gifts and debts can affect the amount. What is known of that stands with a source. What is not known remains an open point. Ervazo does not turn a formula into a final amount and does not calculate by way of advice. A note that the civil-law notary still has to fix the amount is an honest state of the file.

The claim belongs to this child, even if the house is already in the name of the surviving spouse or registered partner. It does not disappear because nothing is paid out now. In a later file, after the death of the surviving spouse or registered partner, the same claim can come back as a debt, if the facts still hold then. Those two files are not merged into a single balance. The entry remains in the child's name, with the surviving spouse or registered partner as debtor. The civil-law notary, the court or the Dutch Tax Administration (Belastingdienst) decides the specific case.