Estate Planning for DGA's with Partner in Amsterdam: Will and BV Transfer
In Amsterdam, where many DGA's lead dynamic family businesses in sectors such as tech and real estate, estate planning is crucial due to divorce risks in the vibrant Randstad. A flexible will with two-stage authorization prevents forced sale of BV shares, especially relevant with Amsterdam notaries specialized in corporate law. According to BW Book 4, Article 4:118 regulates the legitime portion, but exclusion clauses effectively protect business assets, as often applied in Zuidas companies.
Upon death, the Pension Act (Wet LB) applies: partner pension via BV, with extra attention to Amsterdam tax matters via the Tax Office branch in Amsterdam-Zuidoost. Certification of shares separates economic interest from voting rights, ideal for blended families in multicultural neighborhoods like De Pijp. Tax optimization via BV-holding with ordinary and preference shares minimizes risks. Inheritance tax: exemption €723,000 per child, but 40% rate above that, with tips for local advisors at the Amsterdam Chamber of Commerce.
After divorce: update the will and marital conditions, taking into account Amsterdam courts that are strict on family law. Practical example from Amsterdam: living will appoints a trusted person for BV decision-making in case of incapacity, combined with gifts of value certificates to spread inheritance tax. Tax advantageous: no gift tax on periodic gifts below the threshold, supported by advice from Amsterdam estate planners.