Expertise
Inheritance Law
Inheritance law covers the passing of a person’s estate to heirs on death, the rights and obligations of heirs, wills, inheritance agreements, reserved shares, reduction, renunciation, estate determination and disputes among heirs. In this field, where family relationships intertwine, correctly establishing heirship, fully investigating the estate and assessing any simulated-transfer or reserved-share claims are of great importance.
Process: Certificate, Estate and Division
The process begins with identifying the heirs and the estate. A certificate of inheritance showing the heirs and their shares is obtained; civil records, family ties, the surviving spouse’s position and descendant, ascendant and collateral heirs are assessed.
The estate is the whole of the assets and debts left behind — real estate, vehicles, bank accounts, company shares, jewellery and receivables. Heirs may divide by agreement; failing that, litigation follows, usually with a site inspection and expert review.
Legal Heirship and Reserved Shares
The law determines heirs by a class system; the surviving spouse’s share varies according to the class inherited alongside. Descendants, the surviving spouse and, in certain cases, parents hold reserved shares which the deceased cannot override.
Where a reserved share is violated, a reduction (tenkis) action is brought, calculating the deceased’s lifetime dispositions, the estate’s value, reserved-share ratios and whether the disposable portion was exceeded.
Simulated Transfer and Title Cancellation
Where the deceased, to defeat certain heirs, disguised a gift as a sale, a simulated-transfer claim arises and a title cancellation and registration action may be brought. The reality of the price, the deceased’s finances, the relationship with the transferee, the date and witness statements matter.
If the deceased lacked capacity when making a disposition, its annulment for incapacity may be sought; medical reports, hospital records and the date of the transaction are assessed.
Wills and Inheritance Agreements
A will must be opened before the civil court of peace; enforcement steps are taken to carry out its contents. Non-compliance with formal requirements, lack of capacity, mistake, fraud or duress may ground an action to annul the will.
Inheritance agreements in official form, renunciation agreements and disinheritance for serious statutory grounds are also part of this field. The parties’ intent, formal requirements and reserved-share consequences are assessed carefully.
Renunciation and Equalisation
Heirs who do not wish to be liable for the deceased’s debts may renounce within the statutory period; where the estate was clearly insolvent at death, renunciation by operation of law may be argued. The deceased’s debt position should therefore be investigated quickly.
Lifetime dispositions to some heirs (property transfers, financial help, marriage assistance) may be subject to equalisation on division. Care-until-death agreements may also give rise to disputes if not based on a genuine care relationship.
Property Division, Unlawful Use and Recovery
Where heirs cannot agree over inherited property, a dissolution-of-co-ownership action leads to physical division or sale. If one heir uses the property alone or withholds the rent, the others may claim compensation for unlawful use.
Where an estate asset is held by a non-heir, an inheritance-recovery action may be brought. Inherited company shares, bank accounts, vehicles and securities are also subject to division alongside asset investigation.
Inheritance Disputes with Foreign Elements
Where the deceased or heirs are foreign, estate assets are abroad, or a will was made in a foreign country, private international inheritance law applies. The applicable law, competent court, validity of foreign documents, apostille, translation and recognition-enforcement are assessed.
Our Inheritance Law Services
Our main services in inheritance matters:
- Certificate of inheritance, its annulment/correction; estate determination
- Renunciation and renunciation-by-operation-of-law processes
- Simulated-transfer, title-cancellation and incapacity-annulment actions
- Reduction actions and reserved-share disputes
- Opening, enforcement and annulment of wills; inheritance-agreement disputes
- Dissolution of co-ownership, property division and unlawful-use actions
- Inheritance recovery; renunciation, disinheritance and equalisation
- Company shares, bank accounts and asset investigation; foreign-element inheritance
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, renunciation by operation of law 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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