A husband tortures his wife to death and then wants to claim her inheritance. Can this be done just like that? Read more about this true story in this blog.
Case study: Beuning torture murder
In 2013, a woman meets her 20-year-old husband. Less than two years later, they get married. However, a long and happy life was not in the cards. On March 31, 2015, the husband reports to the police in Beuningen saying that his wife is no longer alive. The police find a horror scenario: the husband has gruesomely killed his wife. The criminal judge rules that he is completely insane and imposes the TBS measure on him. Therefore, criminally, he is not convicted. Yet the husband claims he is the sole heir entitled to the inheritance. But can this be done just like that?
What is unworthy inheritance and what did the judge find?
Under the law, someone convicted of murder is “unworthy” to benefit from the estate. But what exactly does that mean? It means that a person may not benefit from an act such as murder. In this case, however, the husband was not criminally convicted and therefore does claim to be entitled to the inheritance. The wife’s brother disagrees and takes the case to court. The court rules against the brother because the husband has not been criminally convicted.
On appeal
The brother did not stop there and appealed. The Court ultimately rules that the husband is indeed unworthy to inherit. This despite the fact that he has not been criminally convicted. The Court bases its ruling on the exceptional circumstances of the case, such as the atrocities and the suffering of the bereaved families. According to the Court, the requirement of a criminal conviction may be dropped in this case, thus declaring the husband unworthy anyway.
To be continued: Supreme Court
The husband disagrees with the Court’s ruling and has taken the case to the Supreme Court. A ruling is expected to follow in December 2024. It will then become clear whether the Court’s decision will stand or be overturned.
Do you have questions about inheritance law?
Such a situation is (fortunately) rare. Do you have questions about inheritance law? Feel free to contact one of our specialists: Kimberly Rozema, Elina Jonis or Kim van der Bijl for advice and consultation.
Source: Rechtbank Gelderland 26 January 2022, ECLI:NL:RBGEL:2022:498 and Gerechtshof Arnhem-Leeuwarden 30 May 2023, ECLI:NL:GHARL:2023:4522
