Settling inheritance matters during the decedent’s lifetime prevents family disputes and ensures that the estate retains its economic and social function for the heirs.
We advise our clients and draft the following appropriate legal instruments for them:
- Wills: We draft wills in the prescribed form and advise on their content to avoid potential disputes between heirs over the possible deprivation of the necessary share of the inheritance, the investment of each heir in the estate and the inclusion of gifts. At the client’s request, we register the will in the register of wills and arrange for its safekeeping.
- Deed of gift in the event of death: We draw up a deed of gift to be executed only after the death of the grantor.
- Contract of lifelong maintenance: We draft a contract whereby the grantor transfers the ownership right of their property upon death and is guaranteed care and maintenance for the remainder of their life.
- Contract of subsistence: We draft a contract whereby the grantor transfers ownership of their property to the maintaining party on conclusion of the contract and the grantor is guaranteed care and maintenance until death.
- Deed of conveyance or Agreement on the delivery and distribution of property: We draw up a contract whereby the grantor transfers the property to certain descendants and/or spouse and reserves certain rights until death.
- Renunciation of an inheritance that has not been initiated: We draw up an appropriate legal instrument by which the descendant renounces the inheritance of their ancestor.
For details on contract of lifelong maintenance, contract of subsistence and deed of conveyance, see: Contract of lifelong maintenance, contract of subsistence and contract of delivery.
Inheritance proceedings in court
We advise and represent our clients in inheritance proceedings and, in order to protect their rights and interests, we prepare everything necessary for the successful completion of the inheritance proceedings, namely:
- investigation and determination of the total assets of the decedent,
- an estimate of the value of the decedent’s assets,
- the exclusion of property from the estate in favour of those descendants who have contributed to the preservation and increase of the estate of the decedent,
- respecting the wishes of the decedent (testator) as expressed in the will,
- enforcing the hereditary right,
- enforcing the heir’s right to the statutory portion of the inheritance,
- including gifts,
- returning gifts and reducing testamentary disposition.
We advise and represent our clients in issues and disputes that may arise in inheritance proceedings as a result of:
- Nullity of the will: due to infringement of the provisions on the form of the will, due to the testator’s legal insanity, or due to the forgery of the testator’s signature.
- Nullity of contracts: contract of lifelong maintenance, contract of subsistence and contract of delivery.
- Unrecognised inheritance rights: in the case of cohabitation.
- marital property.
- Investments by heirs: if they lived with the decedent and contributed to maintaining or even increasing the value of the estate.
- Including gifts: received by the heirs from the decedent.
We propose and draft an inheritance agreement for the heirs, in order to settle the disputed relationships between the heirs without lengthy judicial proceedings and without negative financial consequences and damage to the assets of the estate.