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Diamars, 12 October 2021 AWEMainta.com 21

ii) this is necessary for his livelihood and study until he reaches the age of 21, which term can be extended until he reaches the age of 25.
iii) in case the child, stepchild, foster child or grandchild has worked in the (grand)father’s household or for the (grand)father’s company without having
received a proper salary.

The following limitations apply to the lump sum:

• The lump sum is not claimable by the child if the mother or a late father’s heir has a legal or contractual obligation to carry the costs of living
and study of the child (applicable to scenarios i and ii).
• The inheritance or insurance money that the child could have received from his deceased father, are deducted from the lump sum (applicable to
all three scenarios).

• The lump sum may not exceed 1/2 (half) of the estate of the deceased father.

The lump sum is paid from the estate of the deceased father. If the estate is insufficient, than furthermore from the gifts made by the deceased father to
beneficiaries in the same way as described above (abatement by the mother).
b. Transfer of assets or shares in the deceased father’s business or company

The child or stepchild may request the Court in First Instance of Aruba to order a third party to transfer - at a reasonable price - assets of a business or
shares in a company to him or his spouse, if the following conditions are met:

• the (step)child or the spouse will continue the business

• the (step)child has serious cause

• the interest of the third party is not seriously affected
• the assets form part of the deceased father’s estate or of the dissolved marital community of goods (of the late father and the mother)

• the assets are useful for the operation of the business

In case of the shares in a company (NV, VBA), furthermore:

• the deceased father was a director of the company and held the majority of the shares in the company (alone or together with the other directors)

• the (step)child or his spouse is also a director of the company or will succeed the deceased father in said position
• the bylaws of the company allow the transfer of the shares

The above applies in the same way to the mother if she is the one continuing the business or company of the late father, regardless of her usufruct on
assets of the business or shares of the company.

Statutes of limitation

The Legal Rights of the children are subject to certain statutes of limitation that - in some cases - may be extended by the Court in First Instance at the
request of a stakeholder.

The Will

Legally valid will

A legally valid will can be made by the testator:

• by notarial deed

• by private deed, signed by the testator and deposited with the notary.

• a “codicil” fully written by hand, dated and signed by the testator in regards to (limitative): a) clothing, personal accessories and certain personal
jewelry, certain items belonging to the household and certain books; b) a provision that the items mentioned under a) are not part of a marital
community of goods, c) funeral arrangements, d) organ donation.

• an “emergency will” can, under exceptional circumstances, be made by the testator in the presence of a person other than a notary (if a notary is
not available), e.g. a lawyer, or a military officer in times of conflict. The “emergency will” should be sent for registration as soon as possible.

Nullification of the will

A will may be declared null and void (nietig of vernietigbaar) in certain cases mentioned in the law. Furthermore, specific stipulations in the will may
be considered as not having been written (voor niet geschreven) in certain cases mentioned in the law.

Foundation

The testator may appoint a foundation as his heir or legatee (legataris).

Acceptance of the inheritance

The inheritance can be rejected, or accepted outright (zuivere aanvaarding) or under the benefit of inventory (beneficiaire aanvaarding) by means
of a declaration made at the registry of the Court in First Instance of Aruba, which is registered in the estate register. The choice is final, however the
heir may change the acceptance outright to acceptance under the benefit of inventory in certain limitative cases (see below).

Acceptance outright