A recent legal journal article has issued a pressing call for the modernization of inheritance law in the BES islands (Bonaire, Sint Eustatius, and Saba), which still operate under the archaic Dutch Civil Code of 1838. The current system, described as needlessly complex and inequitable, poses significant challenges for surviving spouses, unmarried partners, and heirs, prompting legal experts and local notaries to demand urgent legislative action.

An Outdated System with Harsh Consequences

The existing inheritance law heavily prioritizes the rights of children, often at the expense of surviving spouses. Unlike modern systems, children can immediately claim their inheritance shares, potentially leaving a widow or widower in financial distress. While spouses can mitigate this through special testamentary provisions, such arrangements remain vulnerable to legal challenges by heirs.

Unmarried couples face even greater hurdles. Without children, surviving partners struggle to disinherit the deceased’s parents, making it difficult to secure mutual inheritances through wills. The convoluted legal framework further complicates estate settlements, frequently resulting in prolonged disputes, undivided estates, and unintended personal liability for heirs who handle estate matters prematurely.

Lagging Behind the Caribbean Region

While Curaçao, Aruba, and Sint Maarten updated their inheritance laws after 2010, the BES islands remain bound to 19th-century legislation. A key reform in neighboring jurisdictions ensures that—in the absence of a will—the entire estate passes to the surviving spouse (provided they are the parent of all the deceased’s children). Children retain only a right to financial support for living and education expenses until age 25, a balanced approach that safeguards both familial and economic stability.

A Unified Call for Change

The article’s authors, Peter Klik and Freek Schols, alongside BES notaries Kenneth F. Arends, Marcia Bouterse, and Robin Rispen, are urging the Dutch legislature to collaborate with local governments to enact a modern, context-sensitive inheritance law. Such reforms would:
✔ Reduce legal costs for citizens
✔ Enhance legal certainty for families
✔ Ease the burden on judges and notaries
✔ Expedite estate settlements, preventing long-term disputes

Time for Action

With no current plans from The Hague to update the law, the BES islands risk falling further behind. Stakeholders emphasize that delay only perpetuates injustice and inefficiency, making modernization not just preferable, but imperative.

For further reading:
The full article (*WPNR 2025/7501*) is available HERE (in Dutch).

Marcia Bouterse