All Yolanda's Articles
‘Patchwork families’ are families made up of parents and children, whereby one – or both – of the parents has brought in a child from a former relationship. Sometimes these parents also have joint children. Almost 10% of all families… read more >
Patchwork Family‘Patchwork families’ are families made up of parents and children, whereby one – or both – of the parents has brought in a child from a former relationship. Sometimes these parents also have joint children. Almost 10% of all families are patchwork families. And this is only expected to increase. The relations within such a family are often complex. The children have to get used to the new family and the step-parent and – vice versa – the step-parent has to build a relationship with the step-children. Some families are together full-time, others part-time, half-time or during the weekends – sometimes in combination with shared parenting. To some, these new families feel like an enrichment, but there are also plenty of cases in which the newcomers are seen as interlopers or in which conflicts of loyalty arise. Whatever the case may be, it is always good to look into the legal consequences of the new situation and to put things on paper. www.notariaatohmann.nl read more >
By Yolanda Bokhorst You must be wondering: what’s the connection between the words in the title? I can assure you; more than you would expect. Allow me to explain. When you buy a house without having the amount of the… read more >
Mortgage, Liability and MarriageBy Yolanda Bokhorst You must be wondering: what’s the connection between the words in the title? I can assure you; more than you would expect. Allow me to explain. When you buy a house without having the amount of the purchase price, expenses and taxes in your bank account, you will need to arrange a loan with a bank. And because the bank does not necessarily have confidence in the fact that you will be able to repay your loan, they will ask for some form of surety – being a mortgage right on the house you will be buying. Furthermore, the bank will first thoroughly check your personal situation, such as: how much income you earn, whether you are married, what your career perspectives are, whether there are any other financial obligations, etc. Non-Dutch expats who live abroad, get married abroad and then move to the Netherlands (with or without a family), are – in most cases – not automatically covered by Dutch matrimonial property law. But – then which matrimonial property law applies? Does the foreign law also contain community of property or do the spouses retain their own property after marriage? Did the spouses draw up a prenup abroad? And how do third parties in the Netherlands – take, again, the bank issuing the mortgage – know what has been arranged pursuant to this foreign law? www.notariaatohmann.nl For the full article go to The XPat Journal December 2019 online Issue read more >
By Yolanda Bokhorst Don’t we all want the best for our children? We provide them with a safe and sheltered home, we raise them well, make sure they get an education and try to give them the tools to… read more >
Estate Planning: Is That What We’re Working For Now?By Yolanda Bokhorst Don’t we all want the best for our children? We provide them with a safe and sheltered home, we raise them well, make sure they get an education and try to give them the tools to find their way through an increasingly complex world. What role does money play in all of this? The question that arises is of course how we can best transfer our assets to our children – the following generation(s). Many people think that this largely involves trying to reduce taxes. Of course, taxes play a role, but opinions differ as to whether minimizing taxes should be the determining factor. Estate planning has to be tailor-made. It should take into account not only fiscal aspects, but also the way you want your assets managed within the family. www.notariaatohmann.nl read more >
Being in control – also during the last stages of your life – is something that more and more people are looking into. This has resulted in a huge increase in the number of living wills over the past years.… read more >
Who Decides, When You No Longer Can?Being in control – also during the last stages of your life – is something that more and more people are looking into. This has resulted in a huge increase in the number of living wills over the past years. A living will is drawn up with the help of a civil law notary. In it, you determine who will be in charge of your financial, personal and medical affairs once you are no longer able to take care of them yourself. Once this has been arranged, you – and those directly involved – will feel you can relax again. It goes without saying that it is very important to think long and hard about whom you are going to appoint for the purpose of taking care of your – often very personal – matters. As you yourself might no longer be able to verify that this is done in accordance with your wishes, you need to be able to trust that your agent(s) will not abuse their position. This is why some people appoint two. As an extra measure, you can appoint a supervisor to ensure that your agent sticks to the agreed plan. For more information on how to draw up a living will, you are recommended to contact a specialized civil law notary. www.vbwnotarissen.nl Read the full article in The XPat Journal Summer 2019 Issue read more >
By Yolanda Bokhorst Isn’t it wonderful when you meet the love of your life? And when you then decide to make it official, by getting married? For a marriage to be valid, you have to enter into it in… read more >
New European Rules on Matrimonial PropertyBy Yolanda Bokhorst Isn’t it wonderful when you meet the love of your life? And when you then decide to make it official, by getting married? For a marriage to be valid, you have to enter into it in accordance with the formalities of the country in which it is being carried out. Of a different order than this romantic, festive day is the question of which rules actually apply to spouses. What belongs to whom and who is liable for the debts? Does everything automatically belong to both of you – or is there a separation of assets? How are the assets and debts divided in case of divorce or death? And if you don’t have the same nationality, or if you live in a country other than that of your joint nationality, which law is used to answer these questions? The answers to these – and a few other questions – are discussed by the author. www.notariaatohmann.nl read more >
When you move to another country, you are faced with its rules and idiosyncrasies. Not only in daily life and at work, but also when it comes to other, more formal rules. The author has learned that many of her… read more >
Inheritance TaxWhen you move to another country, you are faced with its rules and idiosyncrasies. Not only in daily life and at work, but also when it comes to other, more formal rules. The author has learned that many of her expat clients are not aware of the myriad Dutch tax rules that apply to them too. Some of these rules have been adapted to their specific situation, such as, for instance, the 30%-ruling regarding income tax. But there are also other Dutch tax rules that apply unmitigatedly to expats – such as those regarding inheritances. Tips on how to prepare your inheritance can be found in this article. www.vbwnotarissen.nl/en read more >
For many people, the topic of a will is a difficult one. As is the timely considering and arranging of a prenup or a cohabitation agreement. We would understandably rather not consider the unpleasant things that could happen to us,… read more >
An (Un)Done DeedFor many people, the topic of a will is a difficult one. As is the timely considering and arranging of a prenup or a cohabitation agreement. We would understandably rather not consider the unpleasant things that could happen to us, let alone make arrangements for them. Though it must be said, once we have taken care of them, we do feel a sense of relief – at least, that’s what our author’s clients tell them once they’ve signed the necessary forms in their office. And that’s understandable too, for – after all – you’ve done your best to ease the path that you and/or your loved ones will have to take in difficult times that may come. In this article, some tips and advice on drawing prenuptial and cohabitation agreements, as well as wills. www.vbwnotarissen.nl read more >
As notary publics, we are often involved in the highlights, but also in the low points, of our clients’ lives. Such as divorce. A hotchpotch of rules, treaties and regulations applies – which requires the need of a lawyer who… read more >
Till Death Do Us Part??As notary publics, we are often involved in the highlights, but also in the low points, of our clients’ lives. Such as divorce. A hotchpotch of rules, treaties and regulations applies – which requires the need of a lawyer who is specialized in international divorces to guide their clients through the whole process. Unfortunately, many people forget to make arrangements in case one of them passes away during the divorce proceedings. European Inheritance Law states that the law of your last country of residence applies to your estate. If you live in the Netherlands, Dutch inheritance law applies in case you pass away. And according to Dutch inheritance law your future ex-partner is still your legal heir if your marriage has not been formally ended – in other words, during the divorce proceedings. This can be remedied. www.vbwnotarissen.nl The full version of this article is available in the online issue read more >
On January 1, 2018, a new matrimonial property act entered into force in the Netherlands. Until January 1, 2018, the system of general community property applied. It meant that all property and debts of the spouses became joint property and… read more >
Should We Share Everything or Not?On January 1, 2018, a new matrimonial property act entered into force in the Netherlands. Until January 1, 2018, the system of general community property applied. It meant that all property and debts of the spouses became joint property and debts. A limited community of property applies to marriages that are entered into after January 1, 2018. Not everything becomes joint anymore. Property and debts from before the marriage remain with that particular person. Inheritances and gifts acquired after marriage go only to the receiver. All other property and debts that are acquired during the marriage become joint – and once the marriage ends due to death or divorce, they are split 50-50, while each spouse retains their personal property as well. Does this law also apply to non-Dutch spouses? This question is not so easy to answer. It depends, among others, on the spouses’ nationality/ies, when their marriage took place and where they first settled after getting married. www.vbwnotarissen.nl read more >
For most people, the purchase of a house is an important and exciting event. This is especially so for expats who find themselves buying a home in a country other than their own. Of course, finding the right house in… read more >
Legal Aspects of Buying a HouseFor most people, the purchase of a house is an important and exciting event. This is especially so for expats who find themselves buying a home in a country other than their own. Of course, finding the right house in the right place is a first priority – but once you have done that successfully; then what? What are the legal issues that you have to take into account? In this article, the author goes into issues such as the purchase agreement, arranging the mortgage, the transfer of property, the mortgage deed, registration and the will in more detail. www.vbwnotarissen.nl To read the full article go to www.xpat.nl read more >
By Yolanda Bokhorst Many people who have found the love of their life want to formalize this bond. In the Netherlands, there are various options available for those who want to do this; one of these is the registered… read more >
Registered Partnership or Marriage?By Yolanda Bokhorst Many people who have found the love of their life want to formalize this bond. In the Netherlands, there are various options available for those who want to do this; one of these is the registered partnership. The question arises, however, whether registered partnerships are a wise choice in international situations. Practice has shown that registered partnership can lead to complications in international situations. The most significant ones are: 1) the registered partnership is not recognized, 2) the conversion from a registered partnership into a marriage is not recognized, 3) it is not clear which national law applies. Author Yolanda Bokhorst offers a few tips on how to avoid unpleasant complications. www.notariaatohmann.nl read more >
The international practice of a civil law notary boring? Hardly, as you can tell from the following examples of situations that we have had to deal with recently. They are like puzzles, which are hard to reverse, but which could… read more >
Better Safe Than SorryThe international practice of a civil law notary boring? Hardly, as you can tell from the following examples of situations that we have had to deal with recently. They are like puzzles, which are hard to reverse, but which could have been solved had the right measures been taken at the right time. In this article, the author goes into the consequences of Dutch matrimonial property law in the case of divorce, debts of one of the spouses, and inheritance – while warning you that you should never assume that your own national law will continue to apply once you emigrate or that things will automatically turn out to be the way you want them to be. www.vbwnotarissen.nl read more >
