Expertise
Inheritance Law
Inheritance law determines to whom and in what proportions a person’s estate passes upon death. Disputes in this field, where family relationships intertwine, require handling that is both legally precise and emotionally considerate. Our firm advises on estate planning and represents clients in inheritance litigation.
Legal Heirs and Reserved Shares
The law determines heirs according to a class system: descendants form the first class, parents and their descendants the second. The surviving spouse takes a share that varies depending on the class they inherit alongside.
Descendants, parents and the surviving spouse hold reserved shares which the deceased cannot override. Where a reserved share is violated, a reduction (tenkis) claim arises.
Wills and Inheritance Agreements
Dispositions upon death may take the form of an official will, a holographic will or an inheritance agreement. Failure to observe formal requirements may lead to annulment, which is why planning should be done with legal support.
Common Inheritance Disputes
The most frequent disputes in practice include:
- Reduction claims against dispositions violating reserved shares
- Simulated transfers by the deceased to defeat heirs’ rights
- Dissolution of co-ownership over estate assets
- Renunciation of an over-indebted estate within three months
- Annulment and enforcement of wills
This content is provided for general legal information only and does not constitute legal advice on any specific matter.
Frequently Asked Questions
Inheritance Law
Renunciation is made by applying to the court within three months of learning of one’s status as heir. Where the estate is clearly insolvent, a presumption of renunciation may apply; the specific case must be assessed.
If the transfer was in reality a gift intended to defeat the heirs, a simulated-transfer claim may be filed; if reserved shares were violated, a reduction claim is available. The two claims can be pursued together.
Where heirs cannot agree, a dissolution-of-co-ownership action results either in physical division of the property or its sale and distribution of the proceeds.
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