Uitspraak
Rechtbank DEN HAAG
uitspraak van de meervoudige kamer van 17 april 2018 in de zaak tussen
[eiseres], wonende te [woonplaats], eiseres
de inspecteur van de Belastingdienst/kantoor [plaats], verweerder.
Procesverloop
Overwegingen
Personal and Household Effects. I give all my articles of personal or household
Exercise of Power of Appointment. I hereby exercise the power of appointment given to me in article VI-B of the will of my husband, [echtgenoot], by appointing all property subject thereto to such of my children who survive me, in equal shares (subject to the provisions of article IV below); provided that if a child does not survive me but has descendants who survive me, such descendants shall receive, per stirpes, the share that child would have received had he or she survived me. Except as just provided, no provision of this will shall exercise any power of
Residuary Estate. I give the residue of my estate, real and personal, to such of my children who survive me, in equal shares (subject to the provisions of article IV below); provided that if a child does not survive me but has descendants who survive me, such descendants shall receive, per stirpes, the share that child would have received had he or she survived me.
Trust for [eiseres]. Notwithstanding the foregoing provisions, any principal distributable to my daughter [eiseres] shall be distributed to my trustee, IN TRUST to keep it invested as a separate trust and thereafter:
Expansion of Testamentary Power of Appointment. The testamentary power of appointment given to [eiseres] under the preceding article shall, with respect to the sub-trust not exempt from federal generation-skipping transfer tax, be expanded to include the power, with the written consent of my trustee, to appoint to her estate.”
€ 64.260. Hierbij heeft verweerder het volledige vermogen in de trust, te weten een bedrag van € 1.301.975, aan eiseres toegerekend.