GMW lawyers' monumental office villa on Scheveningseweg inspires as much awe as confidence that the 36 lawyers here defend their clients’ interests tooth and nail. Meanwhile, those clients come from the international scene in around half the cases. “But within my area of law, the percentage is closer to 80,” says employment lawyer Seliz Demirci in a four-way conversation with family and inheritance law colleague Marieke Morshuis, and real estate specialist Glenn Kerver. “Most leads come in through our Legal Expat Desk, which provides a wealth of practical information, as well as through our network within the international community.”

Six of GMW's 36 lawyers: front row, Seliz Demirci, Marieke Morshuis and Glenn Kerver; behind them Sieta Autar-Matawli (left), Sophie Vermeule and Antoine de Werd.

Demirci assists expats, as well as international companies and embassies. “The cases often involve dismissal,” she clarifies. “In the Netherlands, we have far-reaching dismissal protection that people in other countries are not always familiar with. That also applies to continued salary payment during illness – at two years, the term is the longest in Europe. The consequences of a non-competition clause are also slightly different here than elsewhere. To ensure that companies and employees are aware of these issues, I draw a lot of attention to them with my articles in MT Rendement magazine and as a board member of expat organisation Access.”

Impact

The employment lawyer recalls a recent case that exemplifies her work. “This expat held a senior position with a multinational company for 20 years, working in various countries, the last few of which were in the Netherlands. The position came to an end through a reorganisation, so the client turned to us asking: what are my rights? We then look beyond the number of years of service, because dismissal also affects tax and residence rights. If there is home ownership and the children attend school in the Netherlands, the impact is even greater. All these elements together ultimately determine the amount of the severance pay and any other agreements made upon the termination of the employment relationship.”

Whereas personal circumstances can play a crucial role in the amount of compensation in employment law, this is not the case in real estate and tenancy law. “To the surprise of many expats, there is only limited scope for immaterial damages here,” explains Glenn Kerver, who, as a partner at GMW, handles liability law in addition to real estate and tenancy law. “That means I often have to say, 'I hear you, I understand, but I must temper your expectations. It's a balancing act.’” Such was the case with the tenants who discovered by chance that their balcony was about to collapse. “The landlord intervened immediately, which closed the case. But these people continued to be troubled by the idea that something terrible could have happened to their children.”

Short cuts

Expats are often pleasantly surprised to discover how well protected they are against termination of a tenancy in the Netherlands. “But expats renting out their property who expect to evict tenants through clear agreements are mistaken,” says Kerver. “I had such a case the other day. Expats who had moved to the US asked an estate agent to rent out their property temporarily. He had the expats sign a lease permitting subletting. When they returned after three years, they could not move into their house because of tenancy protection. We argued that the expats had surely intended something else. And we were successful: the judge gave short shrift to the agreement.”

Employment lawyer Seliz Demirci: “In my area of law, cases often involve dismissal.”

Family law is the most represented area of law at GMW lawyers. The international moves expats make in their working lives can complicate matters in this area, says associate partner and family and inheritance law specialist Marieke Morshuis. “For example: a Spaniard married a German in the US. After a few years, they moved to India, where they had their first child. Then they went to live in Morocco, and their second child was born there. Now they are in the Netherlands and want a divorce. Cases like this must be carefully untangled to determine which law applies and which outcomes are most favourable. Various aspects of the divorce – such as parental authority, maintenance and division of property – may even be governed by law from other countries. That is a new challenge every time.”

Protection

Inheritance law also falls within Morshuis's expertise. “Due to the ageing population and the increasing number of blended families, this is currently a booming topic,” she observes. “Until the European inheritance law regulation came into force in 2015, you could 'forum shop' in countries the testator was connected to, but now the last place of residence takes precedence. This can only be altered in the will if the testator has a different nationality.” When an estate governed by Dutch inheritance law arises abroad, people there often do not understand the implications.

“GMW is frequently asked to provide a 'legal opinion' explaining what Dutch law entails in various respects. There can be significant differences, even between European countries. It’s therefore wise to seek advice on this when drafting a will, particularly regarding issues such as protection of the surviving partner, the legitimate portion for acknowledged children, and control in estate planning.”

The fact that GMW lawyers has such a broad family law practice supported by expertise in business, labour and real estate is unique for a medium-sized firm. With knowledge of nine areas of law in-house, cross-pollination happens quickly. “If something comes up that goes beyond my own domain, I knock on my colleagues’ doors,” says Glenn Kerver. Marieke Morshuis adds: “In my work, I see many estates involving real estate and businesses. I then involve someone from the real estate or corporate law section to work together. We coordinate at lightning speed for the best result.”

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