Lawyer's Claim Against an Estate: When Must an Heir Pay the Bill?

Mr. Vincent Besters represented his own firm in debt collection proceedings against the heirs of a former client

In August 2023, the Amsterdam District Court handed down a judgment in main proceedings in which mr. V.M. Besters acted as counsel for the claimant: his own firm, Van der Kooij Besters Advocaten B.V. The firm had provided legal services to a now-deceased client and sought payment of outstanding invoices from his heirs.

What was the case about?

The deceased had received extensive legal assistance from Van der Kooij Besters Advocaten in civil and criminal proceedings. After his death, the heirs had accepted the estate under the benefit of inventory — meaning they accepted the inheritance, but only to the extent that assets exceeded liabilities. This made them administrators of the estate and, in principle, obliged them to settle the estate's debts.

The firm claimed an outstanding amount of over € 36,993 for unpaid legal invoices. The heirs disputed the amount and argued that the time records provided insufficient substantiation.

What were the legal issues?

In an earlier interlocutory judgment (March 2023), the court had ordered the firm to further substantiate its claim. The crux of the dispute: the firm had invoiced significantly more than the opposing party's lawyer in the same proceedings. That large discrepancy raised questions.

The firm subsequently submitted all invoices and corresponding time records — covering the period 2014 to 2016 — and stated that a total of 214.33 hours had been invoiced after reducing a number of invoices. The heirs continued to object, but did not substantiate their challenge concretely.

What did the court decide?

The court largely upheld the claim. Because the heirs had not concretely disputed the submitted time records, the court accepted their accuracy. The firm had sufficiently demonstrated what work had been performed and that the agreed hourly rate of € 135 was reasonable.

The claim was awarded — after deduction of demonstrable partial payments — against the estate.

What does this mean for entrepreneurs and heirs?

This case illustrates two important points:

• As a creditor, you must be able to properly substantiate your claim, even for professional services. Time records, invoices and payment overviews are essential.
• As an heir who accepts under the benefit of inventory, you must concretely dispute estate debts if you wish to challenge them. A general objection without substantive support is insufficient.

An estate can include both assets and liabilities. As an entrepreneur or heir, it is advisable to seek legal advice promptly upon the death of a business associate or family member regarding the extent of obligations.

Case Reference

This post is based on ECLI:NL:RBAMS:2023:5575.

Mr. V.M. Besters acted as counsel for the claimant (Van der Kooij Besters Advocaten B.V.) in this case.