Inheritance Law
Comprehensive advice on inheritance and estate management matters.
Our goal is to provide comprehensive assistance in matters related to inheritance law. We handle, among others, advisory and representation services concerning the drafting and revocation of wills, confirmation of inheritance acquisition, division of inheritance, and claims for statutory share (forced heirship).
Declaration of inheritance acquisition
Assistance in obtaining formal confirmation of the right to inheritance, facilitating further steps related to succession.
Statutory share
Advice on matters concerning the statutory share, assisting in claiming rightful inheritance portions and protecting inheritance rights.
Division of inheritance
Assistance in dividing the deceased’s estate, ensuring a fair distribution and resolving issues related to inheritance.
Inheritance disputes
Resolution of conflicts related to inheritance, ensuring clear and fair determination of inheritance rights.
Other matters:
- Inventory list: We support the procedure of obtaining an inventory list that documents the estate’s assets, facilitating its later division and valuation.
- Renunciation of inheritance: We assist in the formal renunciation of inheritance to avoid liability for the deceased’s debts and other burdens.
- Disinheritance: We represent clients in disinheritance matters, helping to draft wills and enforce the exclusion of heirs from inheritance.
- Unworthiness to inherit: We conduct proceedings regarding unworthiness to inherit, aiming to exclude individuals who, due to their actions, should not be entitled to inheritance.
- Statutory inheritance: We handle inheritance matters according to civil law provisions when there is no will or it is invalid.
- Testamentary inheritance: We assist in the interpretation and execution of wills, ensuring the estate is distributed according to the testator’s wishes.
- Determination of heirs: We help establish the heirs to precisely identify who has the right to inherit and how the estate should be divided.
- Renunciation of inheritance rights: We facilitate the procedure for renouncing inheritance, enabling heirs to legally relinquish their rights to the estate.
- Invalidity of a will: We provide assistance regarding the validity of wills, identifying potential causes of invalidity and representing clients in cases concerning will annulment.
Frequently Asked Questions (FAQ)
What is a statutory share and who is entitled to it?
The statutory share (forced heirship) is a portion of the inheritance reserved for the descendants (children), spouse, and parents of the deceased who have been excluded from the will. It is due to those who would be legal heirs if there were no will.
How to write a valid will?
A will can be made in a handwritten (holographic) form, notarized, or in the presence of witnesses. In exceptional situations, oral, military, or travel wills are also permitted. It is important that the will is personally signed by the testator and clearly states their intentions regarding the distribution of the estate.
What should be done if the inheritance is indebted?
In the case of an indebted inheritance, one can accept the inheritance with the benefit of inventory (which limits liability for debts to the value of the estate’s assets) or reject the inheritance entirely. This decision must be made within 6 months of the opening of the inheritance.
How to divide an inheritance among heirs?
The division of inheritance can take place by agreement among the heirs or by a court ruling. If the heirs agree, it is advisable to consider an amicable division of the estate to avoid costs and prolonged court proceedings.
How to renounce an inheritance on behalf of a minor child?
As a general rule, when renouncing an inheritance on behalf of a child, it is necessary to obtain the consent of the family court. Only after obtaining this consent can a parent or legal guardian submit a statement of renunciation on behalf of the child. However, under certain conditions, it is possible to renounce the inheritance on behalf of the child without court approval.
