Overbedeling

In Dutch succession law, over-allotment arises when, upon the actual division of the estate, an heir is allocated an asset or value exceeding his or her share in the inheritance. This frequently occurs with immovable property or other indivisible assets that cannot be divided proportionally.

The over-allotted heir thereby incurs a debt to the under-allotted heirs, which must be discharged to ensure the division remains equitable. This mechanism prevents an unbalanced outcome and facilitates a practical settlement without the need to divide all assets in kind.

In practice, over-allotment is recorded in a notarial deed of partition, in which the notary calculates the over-allotment claim and establishes the terms for payment. Heirs typically consent to this arrangement to avoid future disputes.