Estate Planning for DGA's with Partner in Rotterdam: Will and BV Transfer
DGA's in Rotterdam, often active in the port or logistics sector, must tailor their estate planning to divorce risks and the dynamic Rotterdam economy. A flexible will with two-stage authorisation prevents forced sale of BV shares, crucial for family businesses along the Meuse. According to Book 4 of the Dutch Civil Code, Article 4:118 regulates the legitime portion, but exclusion clauses effectively protect the business assets against claims.
Upon death, the Pension Act (Wet LB) applies: partner pension via the BV, with extra attention for Rotterdam notaries specialised in maritime enterprises. Certification of shares separates economic interest from voting rights, ideal for blended families in neighbourhoods such as Kralingen or IJsselmonde. Tax optimisation via a BV holding with ordinary and preference shares minimises risks. Inheritance tax: exemption of €723,000 per child, with 40% rate above that, but Rotterdam advisors recommend gifts to local charities for additional deductions.
After divorce: immediately update the will and marital conditions, taking into account Rotterdam family law practices. Practical example from the region: a living will appoints a trusted person for BV decision-making in case of incapacity, such as for entrepreneurs in port activities. Combine with gifts of value certificates to spread inheritance tax over years. Tax advantageous: no gift tax on periodic donations below the threshold, supported by expertise of Rotterdam tax specialists.