Living wills gain popularity, but misuse remains a risk
The number of people creating living wills is on the rise, with over 214,000 such documents drafted in the first 11 months of 2024, an 8 percent increase compared to the same period in 2023, according to the Royal Dutch Notarial Association (KNB). These documents allow individuals to outline their financial and medical wishes through a notary in case they become incapable of making decisions due to illnesses like Alzheimer’s disease and types of dementia.
“People want to maintain control and have seen things go wrong among family or acquaintances,” a KNB spokesperson told Dutch media. The popularity of living wills continues to grow, following a 15 percent rise in 2023 compared to 2022.
Despite their utility, experts caution that life testaments are not foolproof. “In legal cases, it is becoming increasingly clear what issues can arise in practice,” said Rieneke Stelma-Roorda, a researcher at Vrije Universiteit Amsterdam, who studied the subject extensively.
One common problem occurs when representatives exploit the authority granted by a life testament. “Anything you can imagine happening when someone else manages your assets can go wrong,” said Sander Baetens, chair of the Dutch Association of Inheritance Law Lawyers.
Baetens cited examples of disputes, including one case where a mother authorized her son to distribute annual gifts to her children and grandchildren. However, over time, tens of thousands of euros more were allocated to families with children, sparking conflict among the siblings.
Another frequent issue involves misuse of a parent’s bank card. “Representatives may justify adding personal purchases—like coffee or laundry detergent—to the bill, arguing they provide extensive caregiving,” Baetens said.
Including medical preferences, such as instructions about resuscitation, is also contentious. While individuals may specify such preferences in their life testament, doctors are not bound by these documents during emergencies.
“This is particularly a matter for discussion with doctors, notaries recommend against including medical directives in life testaments,” said Hans Meengs, a KNB spokesperson.
To prevent misuse, notaries often advise appointing a supervisor to monitor financial transactions annually. However, many individuals resist this step, fearing it sends mixed signals about trust. Stelma-Roorda advocates for mandatory oversight mechanisms to mitigate potential risks.
“Transparency and clear instructions are key to avoiding disputes,” Baetens added. He recommended limiting representatives' access to cash withdrawals and requiring all transactions to be documented via bank transfers.
Drafting a life testament typically costs between 300 and 600 euros, but criticism of notaries profiting from the process is unfounded, said Meengs. “We don’t advertise these services. People come to us because they want them.”
Life testaments, introduced by notaries 14 years ago, are seen as a starting point for planning, not a definitive solution. Stelma-Roorda emphasized the importance of regular communication between the document’s creator and their representative.
“Wishes should be revisited regularly, especially as circumstances change. A diagnosis of Alzheimer’s or dementia might necessitate more frequent discussions,” she said.
