Inheritance Law
Succession law is an area of law that governs the transfer of property rights and obligations of a deceased person to his or her successors. Inheritance cases often involve strong emotions and complex legal issues. Our law firm offers comprehensive legal assistance, looking after the interests of our clients and guiding them through all stages of inheritance proceedings, both in simple and more complex cases.
Inheritance Law Services
Declaration of inheritance
- Litigation: Representation in cases of judicial declaration of inheritance, including disputes between heirs.
- Deed of succession with a notary public: Assistance in obtaining a certificate of inheritance from a notary when all heirs are in agreement.
Inheritance division
- Amicable division of inheritance: Advising and drafting a succession agreement when the heirs are able to reach an agreement.
- Judicial division of inheritance: Representation in litigation over the division of the estate, including in cases of disagreement over how to divide the estate.
Behavior
- Investigating behavioral claims: Representation of those entitled to a retainer in order to obtain their due share of the inheritance.
- Defense against behavioral claims: Advice and representation of persons obliged to pay a retainer.
Wills
- Advice on drafting a will: Assistance in the correct and in accordance with the will of the testator to draw up a will, including an ordinary will, an allographic will or a notarized will.
- Will invalidation: Questioning the validity of a will due to defects in the testator's statement of intent or failure to observe the form.
- Annulment of the will: Proceedings to determine that the will is invalid.
Rejection of inheritance
- Assistance in the procedure of rejection of inheritance: Advice and support in inheritance rejection formalities, especially in the case of inheritance debts.
- Evasion of the legal consequences of failure to submit a statement of rejection of the inheritance on time: Representation in proceedings to restore the time limit for filing a declaration of rejection of the inheritance or to evade its legal consequences.
Inheritance debts
- Determination of liability for inheritance debts: Advice on the liability of heirs for inheritance debts.
- Managing inheritance debts: Assistance in negotiating with inheritance creditors.
Disinheritance
- Advice and representation in disinheritance cases: Assistance in proper and effective disinheritance or defense against unjustified disinheritance.
Settlement between heirs
- Settlement of donations and legacies: Assistance in accounting for donations made by the testator to individual heirs and legacies.
- Settlement of expenditures and benefits: Determination and settlement of expenditures made on the inheritance property and the benefits taken.
Bequests and testamentary dispositions
- Implementation of records and orders: Assist in the implementation of the testator's will with regard to ordinary bequests, legacies and instructions.
International succession law
- Succession cases with a cross-border element: Advice and representation in cases where the testator or inherited assets are located abroad.
FAQ - Frequently Asked Questions
What is an inheritance acquisition and how does the procedure work?
Acquisition of an inheritance is a formal confirmation of rights to property from the deceased. It can be obtained in two ways: through the court (proceedings to declare the acquisition of an inheritance) or from a notary (certificate of inheritance). In both cases, you need to present the death certificate of the testator and evidence of kinship or a will. Only after acquiring the inheritance can you, for example, sell property belonging to the inheritance.
Do I have to accept a deceased person's inheritance?
No, you have a choice: you can accept the inheritance outright (with all debts), accept it with the benefit of inventory (with limited liability for debts), or reject it. You have six months to decide from the day you learn of the title of your inheritance. Rejecting the inheritance results in you being treated as if you had never been an heir.
What is a retainer and who is entitled to it?
Retainer is a form of protection for the deceased's immediate family members who were left out of the will. It benefits, among others, children, spouse and parents, as long as they would have been called to inherit by law. A retainer is usually half the value of the inheritance share that would have accrued to the beneficiary if he had inherited by law.
How are the succession proceedings handled in court?
Inheritance proceedings begin with the filing of an application for a declaration of inheritance. The applicant should include a copy of the death certificate, possibly a will, and details of all potential heirs. At the hearing, the court determines who inherits from the deceased. If there is a dispute over the validity of the will or the composition of the estate, a full trial may be necessary.
How to divide the inheritance property among the heirs?
Once the inheritance has been confirmed, it is possible to divide the estate - either voluntarily (at a notary's office or by agreement) or judicially. The division takes into account all assets, including real estate, movable property and debts. If there is no agreement on the value or method of division, the court may conduct a detailed evidentiary hearing.
Can a will be invalidated?
Yes, it is possible to demand the invalidation of a will if there are legal grounds - for example, the will was made under the influence of threat, error, in a state that excludes conscious action (such as mental illness) or did not meet the formal requirements. In such a case, it is necessary to bring the case to court.