Succession

Succession

Our firm handles numerous succession-related cases, including legal support for will drafting, inheritance division agreements, renunciation of inheritance, and reserved portion reduction claims.

Will Drafting

To ensure that the wishes of the deceased are fully reflected in the inheritance process, it is necessary to create a will. The format and legal effect of a will are regulated by law. Generally, there are three types of wills:holographic wills, notarial wills, and sealed wills, each with distinct characteristics. It is important to choose the appropriate type of will based on individual circumstances and objectives. For a will to be valid, it must strictly comply with legal requirements.

If the contents of a will are unclear, the testator’s intentions may not be properly reflected, or doubts about its validity may lead to legal disputes over its nullification. To prevent such issues, it is advisable to seek legal assistance from a lawyer when drafting a will.

Additionally, when preparing a will, it is important to consider a wide range of factors, such as reserved portions for heirs, will execution, and taxation. Our firm provides comprehensive support to address these matters, ensuring a legally sound and effective will.

Inheritance division & succession

Proper inheritance procedures require several steps, including identifying legal heirs, assessing the estate, determining the division method, drafting an inheritance division agreement, and executing the inheritance. Each step requires legal knowledge and practical expertise.

While heirs sometimes attempt to draft inheritance division agreements on their own, agreements made informally between family members may later be contested in court due to improper execution. Inheritance disputes not only cause financial and legal issues but can also damage family relationships. To ensure a smooth inheritance process, our experienced lawyers provide thorough support.

Renunciation and Limited Acceptance

When an individual passes away, their debts, along with their assets, are inherited. In cases where liabilities exceed assets, heirs may renounce the inheritance to avoid inheriting debts. If there is uncertainty about the existence of liabilities, heirs may opt for limited acceptance, which allows them to inherit only up to the value of the assets received.

However, limited acceptance also has tax-related disadvantages, so careful consideration is required before choosing this option. Additionally, both renunciation and limited acceptance must be filed with the family court within three months of the decedent’s passing. Our firm ensures that heirs make the best choice by providing expert legal guidance.

Reserved Portion Reduction Claims

Some wills may allocate all assets to specific heirs while excluding others. However, the law ensures that certain heirs are entitled to a statutory portion of the estate, known as the “reserved portion”. If an heir is deprived of their reserved portion, they can file a “reserved portion reduction claim” to recover their rightful share.

Reserved portion reduction claims must be made within one year from the time the heir becomes aware of the inheritance and the reduction-triggering gift or bequest. The calculation of the reserved portion is complex, and heirs who attempt to file claims without legal assistance often face resistance from other heirs, leading to disputes. Our firm provides expert legal support to ensure that heirs receive the maximum protection of their rights.