Unworthy to inherit?
Yvon K. was on trial for the murder of her partner and millionaire Chris G. The case is known as 'the poison murder'. The Public Prosecution Service demanded a sentence of 19 years. The court's verdict was scheduled for September 27, 2023. Two days earlier, Yvon K. was found dead in her home in Tilburg. At the time of her death, she had not been convicted of the murder of G. This verdict will not be made due to Yvon K.'s death. This raises the question of whether she is/was entitled to G.'s inheritance, and depending on that, whether Yvon K.'s heir(s) will inherit millionaire G.'s assets through her estate.
Legal framework
Unworthiness
An heir who is unworthy can, because of that unworthiness, no longer claim the estate of the deceased. The law determines when someone is unworthy and therefore cannot claim an inheritance. One of the cases mentioned in the law is as follows:
“1. The following are legally unworthy to benefit from an inheritance:
- he who has been irrevocably convicted of having killed the deceased, attempted to kill him, prepared that act or participated in it;”
The legislation on unworthiness was created with the underlying idea that someone cannot inherit from someone he or she has (intentionally) killed. If Yvon K. had been (irrevocably) convicted of the murder of G., she would be unworthy to inherit from him. That (irrevocable) conviction does not exist because the legal case ended due to the death of Yvon K. The question is whether the law should be applied strictly in this case, which means that Yvon K. can inherit from millionaire G. The inheritance then goes to her heir(s) because she has died. Or whether there are circumstances that mean that Yvon K. cannot claim this inheritance, and therefore neither can her heir(s).
In certain rulings, the doctrine of unworthiness has been applied very strictly, such as in the case of the Gelderland District Court on 26 January 2022 (ECLI:NL:RBGEL:2022:498). In this case, a man killed his wife. The woman had not made a will, which would have allowed the man to claim his wife's entire estate. According to the woman's brother, the man is not eligible to inherit due to unworthiness. The criminal court ruled that the man was guilty of murdering the woman, but due to insanity, no criminal conviction was possible. The civil court concluded that a criminal conviction is necessary to consider someone unworthy to inherit. Since such a conviction was lacking, the man could still claim the woman's inheritance.
There are also rulings in which the statutory regulation on unworthiness has been interpreted more broadly. For example, in the ruling of the Arnhem-Leeuwarden Court of Appeal of 30 May 2023 (source: ECLI:NL:GHARL:2023:4522The court came to the conclusion that a husband who had killed his wife was unworthy to inherit from her, despite not having been convicted in the criminal proceedings. This man was insane and was therefore acquitted of all prosecution.[1] The court looked at Article 8 member 1 ECHR and considered that, given the particular circumstances of the case, there was reason for a broader interpretation of the doctrine of unworthiness.
In a judgment of the ECtHR in the case of a Romanian testator (ECtHR 1 December 2009, ECLI:NL:XX:2009:BL6889), there was no conviction. This case concerned the husband who first killed his wife and mother-in-law and took his own life a few hours later. The husband left two letters in which he confessed that he had murdered his wife and mother-in-law. The Romanian judge(s) applied a strict interpretation of the law and did not declare the husband unworthy because there was no criminal conviction. Following this case, the father and sister of the murdered wife filed a complaint with the ECtHR, alleging, among other things, a violation of Article 8 ECHR. The court ruled that, given the special circumstances of the case, the interpretation of the Romanian courts on unworthiness had been too restrictive. The court ultimately concluded that, due to the very special circumstances of the case, this was reason for a broader interpretation of the doctrine of unworthiness.
In the case of Yvon K., there was no conviction either. The question is whether the doctrine of unworthiness also extends so far that Yvon K. would have been unworthy, or whether the circumstances of the case would lead to a different conclusion.
Even if there is no question of unworthiness as described in the law, there may still be circumstances that prevent someone from claiming an inheritance. It is therefore uncertain whether the heir(s) of Yvon K. can claim the assets of millionaire G. under these circumstances. To be continued…?
[1] The Arnhem-Leeuwarden Court of Appeal ruled on May 30, 2023, ECLI:NL:GHARL:2023:4522.
