Rotterdam District Court sets aside a solicitor’s agreement with a client lacking legal capacity.

Following a death, heirs are faced not only with the testator’s assets, but also with their debts and previously entered into obligations. Sometimes, agreements or invoices come to light of which the heirs were unaware, and they question whether the testator had entered into those obligations consciously and after due consideration.

This is particularly relevant when someone has become more mentally or physically frail in old age. What if, shortly before their death, the testator entered into an agreement with, for example, a building contractor, financial adviser or solicitor, whilst at that time they may no longer have been able to fully comprehend the consequences? Are the heirs then bound by that agreement, and are the resulting costs to be borne by the estate?

These questions lie at the intersection of inheritance law and general contract law. A recent ruling by the District Court of Rotterdam shows that the validity of a contract entered into by the testator after their death may be called into question if their mental faculties were impaired at the time the contract was entered into. The ruling is therefore relevant not only to the protection of vulnerable elderly people, but also to heirs who, when settling an estate, are confronted with unexpected contracts and claims.

What is legal incapacity?

A person is legally incapacitated if, due to a mental disorder – whether temporary or permanent – they are no longer able to reasonably assess their own interests in relation to a particular decision. This may include dementia, a stroke or any other condition that impairs their judgement. Lack of legal capacity is not a fixed label: a person may still be able to run an errand at one moment, but be unable to comprehend a complex contract the next.

This situation frequently arises when a vulnerable elderly person, sometimes already receiving support or with a power of attorney in the pipeline, nevertheless enters into a contract themselves. Following their death, the consequences of this fall to the heirs, who have accepted the estate and thereby assume the rights and obligations of the testator.

The law and legal incapacity

The law protects people who, due to a mental disorder, are no longer capable of assessing their own interests. Article 3:34 of the Civil Code (BW) stipulates that a declaration made under the influence of such a disorder is voidable if it is plausible that the declaration would not have been made had it not been for that disorder. In the case of a permanent disorder, there is even an irrefutable presumption: once it has been established that a person was no longer able to assess their own interests, the legal act is deemed to have been performed under the influence of that disorder.

For the other party, in this case the solicitor, Article 3:35 of the Dutch Civil Code (BW) in principle affords protection if they could reasonably have relied on a valid declaration of intent. That protection lapses if the other party knew, or ought to have known, that the other person was legally incapable. For heirs, this is an important point of reference: as legal successors of the testator, they may invoke this ground for annulment to set aside agreements entered into during a period of legal incapacity.

Recent case law

In the case decided by the District Court of Rotterdam on 10 June 2026 (ECLI:NL:RBROT:2026:7474) , a solicitor had visited an 82-year-old man in a care home in May 2024 and accepted a mandate to provide legal assistance there. At that time, the man was subject to a court order due to a mental disorder, and he had shortly before revoked the general power of attorney granted to his niece. Between May and November 2024, the lawyer invoiced over 53,000 euros for his services.

Following the man’s death, the heirs disputed that a valid mandate had ever been established. The court found that, at the time the agreement was concluded, the testator’s mental faculties had been permanently or temporarily impaired, as a result of which he could no longer reasonably assess the interests at stake. Pursuant to Section 3:34 of the Dutch Civil Code, the agreement was therefore voidable.

The solicitor was unable to successfully rely on Article 3:35 of the Dutch Civil Code. He was aware of the medical records and the court authorisation and knew, or ought to have known, that his client lacked legal capacity. Furthermore, the court ruled that he had acted unlawfully by carrying out work without a valid mandate, without first ascertaining his client’s capacity. He was ordered to pay substantial damages to the heirs.

Practical advice

- Be alert to signs of lack of mental capacity in a loved one, such as an existing court order, a revoked power of attorney or relevant medical diagnoses, and document these signs in good time.

- As an heir, carefully review after the death which agreements the testator entered into during the final phase of their life, particularly where substantial sums of money are involved.

- Gather medical information in good time, as a medical record or a care assessment decision can provide decisive evidence of lack of mental capacity.

- Do not accept the estate outright until it is clear what debts and liabilities exist, and consider accepting the estate under the benefit of inventory if necessary.

- If in doubt about the validity of an agreement, consult a solicitor in good time to assess and substantiate a claim for its annulment.

Conclusion

This ruling demonstrates that the law protects vulnerable elderly people – and consequently their heirs – against agreements entered into at a time when a person was no longer able to look after their own interests. At the same time, the case shows that it is not straightforward for heirs to invoke this protection. It requires evidence, legal justification and timely action. Anyone facing this situation would be wise to seek advice at an early stage, so that rights do not lapse or become diluted and the estate is not unnecessarily burdened.

As an heir, do you have any questions about an agreement that your deceased relative entered into, or do you have doubts about a loved one’s mental capacity when entering into obligations? If so, please contact Ms Angelique van den Eshoff of SPEE Advocaten & Mediation in Maastricht. She specialises in personal and family law and inheritance law, and will be happy to work with you to find a suitable and, where possible, solution-oriented approach.

Angelique van den Eshoff, LL.B., solicitor