Succession Planning for DGA's with Partner in Westland: Will and BV Transfer
In Westland, the heart of Dutch greenhouse horticulture with countless family businesses in tomato, flower and vegetable cultivation, DGA's with a partner must tailor their succession planning to divorce risks and the specific dynamics of agricultural BV's. A flexible will with two-stage authorisation prevents forced sale of BV shares, crucial for Westland greenhouse operators. According to BW Book 4, Article 4:118 regulates the legitime portion, but exclusion clauses protect the business assets, such as business premises in 's-Gravenzande or Naaldwijk.
Upon death, the LB Act applies: partner's pension via the BV, with attention to Westland cooperatives such as Harvest House. Certification of shares separates economic interest from voting rights, ideal for blended families in regions like Monster or Poeldijk. Tax optimisation via BV-holding with ordinary and preference shares minimises risks in greenhouse financing. Inheritance tax: exemption of €723,000 per child, but 40% rate above that – relevant for transfer of Westland family businesses.
After divorce: update the will and matrimonial property regime, taking into account local real estate prices in Westland. Practice: a living will appoints a trusted person, such as a notary from Honselersdijk, for BV decision-making in case of incapacity. Combine with gifts of value certificates to spread inheritance tax, fitting seasonal income in horticulture. Tax-wise: no gift tax on periodic gifts below the threshold, ideal for step-by-step transfer to the next generation of growers.