UG Researchers Publish WODC Report on Public Support for the Abolition of the Compulsory Portion

Dr. Mark Beuker, dr. Hans ter Haar, prof. Wilbert Kolkman, prof. Leon Verstappen and dr. Irene Visser (Faculty of Law) in collaboration with dr. Marieke Haan en dr. Elianne Zijlstra (Faculty of Behavioral and Social Sciences) have released a WODC report titled ‘Support for the Compulsory Portion’ (‘Draagvlak voor de Legitieme Portie’) under the auspices of the Notarial Institute Groningen.

This interdisciplinary study was commissioned by the Research and Documentation Center (WODC) of the Ministry of Justice and Security. It investigates public support for the compulsory portion and explores the legal and societal consequences of potentially abolishing the compulsory portion for children aged 21 and older.

The Compulsory Portion

The compulsory portion entitles a child to claim part of their parent's estate if they have been disinherited through a will. A child invoking this right does not receive items from the estate but can demand monetary compensation from the heirs. This claim is calculated as half of what the child would have received if no will existed and no gifts had been made by the parent.

The compulsory portion is controversial: it restricts parents' freedom to determine the distribution of their estate while simultaneously reinforcing the familial bond between parent and child. The provision reflects the notion that children are the natural successors to their parents and should be entitled to at least a portion of the estate, even if disinherited.

Research Findings

A representative survey of the Dutch population reveals that 40% consistently support the compulsory portion, while 19% are always opposed. Additionally, 40% express conditional support, depending on the circumstances. These findings are noteworthy, as a perceived lack of public support has often been cited as a reason for opposing the compulsory portion. However, the results indicate that a significant majority (80%) do not support its complete abolition.

Arguments for abolishing the compulsory portion often cite loosening family ties and a more individualistic society. However, the study found no evidence in sociological literature to support these claims. While family networks have become more complex, family bonds remain strong. The findings of this research align with this perspective.

Workshop

On November 28, 2024, the Association for Family and Youth Law (‘Vereniging van Familie- en Jeugdrecht’) will host a workshop to discuss the report's findings. For more information, visit the Association for Family and Youth Law website.

Want to read more? Here you can find the report (including an English summary):  https://repository.wodc.nl/handle/20.500.12832/3410

Reference:

M.R. Beuker, M. Haan, J.H.M. ter Haar, W.D. Kolkman, L.C.A. Verstappen, I. Visser & A.E. Zijlstra, ‘Draagvlak voor de legitieme portie.’ NILG serie Familie & Recht, deel 30, Boom Juridische uitgevers, Den Haag 2024.