Dutch term – Legitieme portie

The legitieme portie (legitimate portion) is the part of the inheritance that children are legally entitled to.

Under Dutch law, at least since the 1800s, children cannot be disowned by their parents completely, even if the parent makes up a will. Their legitimate portion is half of what they would have inherited if there was no will. This is different than in Anglo-Saxon law, where the testator is free to divide their estate as they see fit, including disowning their children.

For example, if a father has three children and disowns one of them in his will, that child can then claim 1/6th of the inheritance as their legitieme portie (half of the 1/3 share he would normally be entitled to). The remaining 5/6th would be divided among the other two children.

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Prodigal son wastes his inheritance. Credits: Claes Jansz. Visscher, 1608, collection Rijksmuseum (public domain)

About Yvette Hoitink

Yvette Hoitink, MLitt, CG®, QG™ is a professional genealogist, writer, and lecturer in the Netherlands. She has a Master of Letters in Family and Local History from the University of Dundee, and holds the Certification of Genealogist and Qualified Genealogist credentials. Yvette served on the Board of Directors of the Association of Professional Genealogists and won excellence awards for her articles in the National Genealogical Society Quarterly and the Association of Professional Genealogists Quarterly. Yvette has been doing genealogy for over 30 years. She helps people from across the world find their ancestors from the Netherlands and its former colonies, including New Netherland. Read about Yvette's professional genealogy services.

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