The murdered woman’s inheritance goes to the children of her killer

Because of that judgment, he is no longer entitled to the estate, and it therefore goes to his two children. Their uncles get virtually no answer, according to a judgment published today by the court in Amsterdam.

Outside the boat

That judgment is anonymised, so let’s call the three brothers Jan, Piet and Joris. At the end of 2020, Joris was sentenced by a cassation sentence to a prison term of 15 years and 9 months for the murder of his mother. He did this by making her take an overdose of oxytocin in June 2016.

Joris had been his mother’s sole heir for three years; the father of the three brothers has died before. Joris was not always the only one who wanted to inherit. In her first will, which was drawn up sometime before 2013, mother named Joris and Jan as sons to inherit her property after her death. Piet then fell outside the boat.

In her second will, drawn up in February 2013, all three sons received equal shares. But less than three months later, in May 2013, she changed her mind again. Jan and Piet and their descendants had inherited; Joris and his children could count on the full property.

She made the last change under the influence of a mental disorder, Jan and Piet argued before the court in Amsterdam. And if that was not the case, then under threat from their brother Joris, the one who would later deliberately kill their mother.

No medical basis

According to Jan and Piet, the fact that their mother has a mental disorder is evident, among other things, from an indication she received in February 2013 about appropriate care. According to them, her mental disorder was the main reason for that indication. A letter from a doctor from Tergooi Hospital was supposed to support their arguments. He writes to their mother’s doctor that she tells exaggerated stories and has reduced awareness of illness.

Due to her deteriorating health and her confusion, their mother could no longer oversee her decisions, Jan and Piet say. As a result, she was no longer able to make choices freely and her last will is therefore not valid.

It may be, states the court in its ruling, but there is no medical documentation whatsoever for the presence of a mental disorder. Furthermore, a mental disorder does not automatically mean that someone lacks mental competence. So this kite does not apply to Jan and Piet.

But, say Jan and Piet, the will should still be declared invalid because their mother had it created under threat. Jan and Piet arranged for their mother to be admitted to a nursing home at the beginning of 2013 when she was no longer able to care for herself.

Joris took her away from there and placed her in isolation in his home, they say. Their mother was made dependent on and by their brother. He would have told her that she would no longer receive food and drink, would have to go back to the nursing home and would no longer see her grandchildren if she did not change the will in his favor.

On this point, the two children of Joris, who became heirs after their father’s conviction, presented different testimonies. It shows that their uncles incurred their mother’s wrath by placing her in the nursing home against her will. Jan and Piet then emptied her house and took everything with them.

There is a lack of evidence

The son Joris would have ‘scared’ her, the mother told a neighbor across the street. She wanted nothing more to do with Jan and Piet because they ‘didn’t act in her interest, but were after her money’. The mother also told this neighbor across the street that she had changed her will to their disadvantage.

Jan and Piet question the credibility of these statements, but they also get the short end of the stick. According to the court, they cannot sufficiently prove that their mother made her third will under threat. Because the burden of proof is missing, the will stands and Jan and Piet do not see a cent of it in return.

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