Inheritance disputes

What is happening

A typical conflict: a flat has passed to several heirs in shares, one of them lives in it, and the others want to sell or be paid out. Physically splitting the flat is usually impossible, so the dispute is about buy-outs, compensation and pre-emptive rights.

Another common story: during their lifetime the deceased transferred property to one of the children, withdrew money from accounts or signed odd transactions. The other heirs want to know whether that property can be brought back into the estate.

A third: a new claimant appears. A dependant, a child from another marriage, a parent unable to work with a right to a compulsory share. Or the reverse: one of the heirs ought to be excluded as unworthy.

What the law says

• An estate accepted by several heirs becomes their shared property. It can be divided by agreement or, if there is a dispute, by the court (the Civil Code).
• An heir who owned an indivisible item jointly with the deceased, or used it regularly, has a pre-emptive right to receive it towards their share, paying compensation to the others.
• The deceased's children, spouse and parents who are unable to work, and dependants unable to work, receive at least half of the share they would have received on intestacy, whatever the will says.
• An heir is unworthy if they acted intentionally and unlawfully against the deceased or other heirs to obtain the inheritance or increase their share. Those who maliciously evaded a duty to support the deceased are excluded from intestate succession by court order.
• Heirs may challenge the deceased's transactions on general grounds under the Civil Code, for example where the deceased could not understand the meaning of their actions at the time. The limitation period is one year for voidable transactions and three years for void ones.
• The deceased's creditors bring claims against the heirs who accepted; the heirs are jointly liable up to the value of the property each received.

What we do

• We study the probate file, the title documents and every heir's position.
• We check what the estate contains: what belongs to it, what was moved out during the deceased's lifetime and whether that can be challenged.
• We prepare an agreement on dividing the estate and negotiate with the other heirs.
• We assert or contest compulsory share claims and claims to exclude an heir as unworthy.
• We run the case in court: division, compensation, challenges to transactions and interim measures over the disputed property.
• We defend heirs against unfounded claims by the deceased's creditors.
• After judgment we register title and follow enforcement.

What we will need from you

• The probate file: applications, certificates and the notary's replies.
• Title documents for the disputed property and information on who uses it and who pays for its upkeep.
• Details of the deceased's transactions in their final years, and medical records if their mental state is in issue.
• Documents on kinship, inability to work or dependency where a compulsory share is involved.
• Correspondence with the other heirs and any proposals they have made.