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Next Of Kin Affidavit for the Netherlands

Next Of Kin Affidavit Template for Netherlands

A Next of Kin Affidavit under Dutch law is a formal sworn statement that establishes the declarant's relationship to a deceased person and their status as a legitimate heir. This legal document, governed by the Dutch Civil Code (Burgerlijk Wetboek), particularly Books 1 and 4, serves as official proof of familial relationship and inheritance rights. The affidavit must be executed before a Dutch notary and typically includes detailed information about the deceased, the family structure, and any other potential heirs, supported by official documentation from the Dutch Civil Registry (BRP).

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What is a Next Of Kin Affidavit?

A Next of Kin Affidavit is a crucial legal document used in the Netherlands when someone needs to formally establish their relationship to a deceased person and claim their rights as an heir. This document becomes necessary in various situations, such as accessing bank accounts, claiming insurance benefits, transferring property titles, or managing other assets of the deceased. The affidavit must comply with Dutch legal requirements and typically includes detailed information about the deceased person, the family structure, and a formal declaration of the affiant's relationship to the deceased. It must be executed before a Dutch notary and is often required by banks, government agencies, and other institutions as proof of the right to act on behalf of the deceased's estate. The document holds significant legal weight under Dutch law and must be supported by official documentation from the Civil Registry (BRP).

What sections should be included in a Next Of Kin Affidavit?

1. Declaration Header: States the formal nature of the document as an affidavit and identifies the jurisdiction (Netherlands)

2. Affiant Information: Full legal name, address, date of birth, and contact details of the person making the affidavit

3. Deceased Person Information: Full details of the deceased person including full name, last known address, date of birth, and date of death

4. Relationship Statement: Clear statement of the relationship between the affiant and the deceased, including the basis for claiming next of kin status

5. Family Tree Declaration: Detailed declaration of the deceased's family structure, including spouse, children, parents, and siblings, and their living/deceased status

6. Other Heirs Declaration: Statement regarding the existence or non-existence of other potential heirs or next of kin

7. Purpose Declaration: Statement of the purpose for which the affidavit is being made (e.g., claim to estate, access to records)

8. Truth Declaration: Formal declaration that all statements made in the affidavit are true and correct

9. Execution Block: Space for signature, date, and notary authentication

What sections are optional to include in a Next Of Kin Affidavit?

1. Will Statement: Declaration regarding the existence or non-existence of a will (used when this information is known)

2. Property Declaration: Details of known assets of the deceased (used when claiming specific property rights)

3. Power of Attorney: Statement of authority to act on behalf of other heirs (used when representing multiple family members)

4. Foreign Law Declaration: Statement regarding foreign citizenship or property (used when international elements are involved)

5. Prior Marriages Declaration: Information about any previous marriages of the deceased (used when there is a history of multiple marriages)

What schedules should be included in a Next Of Kin Affidavit?

1. Death Certificate: Certified copy of the deceased's death certificate

2. Birth Certificates: Copies of birth certificates proving relationship to the deceased

3. Marriage Certificates: Copies of relevant marriage certificates

4. Family Registry Extract: Extract from the Dutch Civil Registry (BRP) showing family relationships

5. Identity Documents: Copies of affiant's identification documents

6. Family Tree Diagram: Visual representation of the family relationships described in the affidavit

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Netherlands

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use
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