We have a friend in Chiang Mai. Her Dutch husband died recently without leaving a will. Does anyone know if she can claim any pension rights from the Dutch government? He was 58 years old. Had been married in the past in the Netherlands, but divorced and remarried in Thailand for 10 years. They have one child, 4 years old, here in Thailand. He had a daughter from his first marriage, who is 30 years old. I'm guessing, as he didn't leave a will, his daughter may have first access to his estate?

Any help would be great.

Many thanks

DIG

First of all I am not a legal expert and there is a lot of information that has to be confirmed.

Like was the marriage registered at the district office, is his name on the birth certificate of his son as the father, did he officially live in Thailand.

Are the documents legalized etc etc

If he officially left The Netherlands and this was registered in the GBA (Gemeentelijke Basis Administratie) of being out of the country longer then five years he is no longer subject to Dutch inheritance law.

If Dutch law applies and no will, prenup’s etc. then half of the estate is hers already, of the other half one third goes to her and each of the children.

The children only get a claim, the payout is postponed until after she dies. She is free to do with the estate as she pleases.

Special arrangements if she remarries.

She might be entitled to an ANW pension for the time until her son reaches the age of 18.

The amount is also dependent on how long her husband has been in the Dutch system but over 14 years this might be a decent amount of money.

If he has been part of a private pension plan she might have rights there for a widow’s pension.

An expert on Dutch social security is probably needed, there is a Dutch club here in Chiang Mai, and perhaps they are willing/able to assist.

Joop

If there is no will the children NOT only have a claim, they can actually demand the inhertance. But I wonder if this still falls under the Dutch law.

If there is no will the children NOT only have a claim, they can actually demand the inhertance. But I wonder if this still falls under the Dutch law.

If the child in Thailand was in his name, it has the same rights as the child from the first marriage.

(If the child in Thailand has a Dutch passport, everything ok!

If the marriage was registered in Thailand and in Holland, the wife is the heir, together with the children.

Formula:

The wife gets half of the estate plus a childs part (4/6)

The children each have a right to a childs part (1/6 and 1/6)

Mind: the estate is the estate in Holland and the estate in Thailand

The children can indeed demand the child's part.

My advice: talk to the embassy, a lawyer in NL (can be free)

There is an acting Dutch consul in Chiang Mai, who was able to help me to help a Dutch national recently. I will PM his details to you OP.

A big 'thank you' to everyone who replied to this post.

I appreciate the information freely given. As a UK expat, I know little about pensions and law in the Netherlands. But I'd like to help this lady if I can. Even if it's just pointing her in the right direction. I figured the Dutch embassy in Bangkok might be a good place to start. But it's good to have that confirmed. And to hear some of the possibilities for her. And thanks to 'the pub landlord', I now have an email address I can try. Does Millwall FC still exist??? ....... LOL!!

Best to all

michael

DIG