Review film restrictions
On Familysearch a lot of films in regard to Netherlands, Zeeland, Hulster Ambacht - Court records (linkbelow) are available which I can view.
Unfortunately several cannot be viewd although they are present. For an example see link below.
https://www.familysearch.org/nl/search/film/008732201?cat=koha:1046378
Is there a possibility to view them?
Answers
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Thanks. I have read the thread. The argument from FamilySearch is that Boedelinventarissen are wills. Below is the explanation why it are not wills and therefore public available in The Netherlands. I hope you can share the information below with the right persons at FamilySearch. Thanks.
Why Weeskamer Records Are Not Wills Under Dutch LawSummary:
Boedelinventarissen and akten van uitverkoop created by the weeskamer in the 17th and 18th centuries are not considered wills under Dutch law—neither historically nor today. They are administrative documents produced after a person’s death for the protection of minors, not expressions of the deceased’s last will.
1. A will requires a declaration of last will by the testator
Under Dutch legal tradition—Roman‑Dutch law, customary law, and later the Burgerlijk Wetboek—a testament is defined as:
- a unilateral legal act,
- made by the testator,
- expressing their last will,
- usually before a notary or court.
Weeskamer documents do not meet any of these criteria. They are not created by the deceased, do not contain instructions from the deceased, and do not express a last will.
2. Weeskamer documents are administrative, not dispositive.
The weeskamer existed to protect the minors. Its duties included:
- compiling inventories after a parent’s death,
- supervising guardians,
- authorizing, conducting and ensuring minors received their legal share.
These documents:
- describe what existed in the estate,
- record transactions,
- document administration,
- and ensure legal oversight.
They do not dispose of property according to the wishes of the deceased. They simply record the management of the estate.
3. The existence of wills proves the distinction
In the same period, Dutch citizens could and did create actual wills, including:
- notarial wills,
- codicils,
- akten van seclusie (documents excluding the weeskamer from involvement).
The fact that a testator could explicitly exclude the weeskamer shows that weeskamer documents were not considered testamentary in nature.
4. Weeskamer records are court‑related, not private testamentary documents
FamilySearch often restricts access to wills because they are considered private documents. But weeskamer records are:
- public administrative records,
- created by a government institution,
- part of judicial or semi‑judicial oversight,
- not personal expressions of last will.
They are much closer to probate court files than to wills.
5. Conclusion
Boedelinventarissen and akten van uitverkoop created by the weeskamer:
- are not wills,
- do not contain last‑will declarations,
- were not authored by the deceased,
- and served administrative and protective functions.
Therefore, under Dutch legal definitions—historical and modern—they cannot be classified as testamentary documents.
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Thank you for reaching out. We appreciate your dedication to genealogical research and your careful attention to these records. We apologize for any inconvenience this may have caused.
FamilySearch is committed to helping individuals discover and preserve their family history and strives to provide broad access to historical genealogical records. In some circumstances, however, access to certain collections may change due to contractual requirements, evolving privacy and other legal requirements, or technology updates. We understand it can be disappointing when a collection you rely on becomes unavailable, and we want to assure you that these adjustments reflect our continued commitment to protecting individual privacy and maintaining strong data-stewardship practices.
Thank you for your understanding and continued support
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