Death and inheritance is not one of the most pleasant topics to talk about, but unfortunately, whether we like it or not, everyone’s life comes to an end and consequently their relatives and family members inherit, and there will most likely be a point in everyone’s life when they inherit from their parents, grandparents or side relatives. We have thus distinguished between the two major areas of inheritance law that often arise in practice.
The first is when we want to make provision for our assets on our death. The most common way of doing this is through a will, but there are other legal options, such as making a gift on death or a contract of inheritance. It is always possible to decide what is best to do based on the specific circumstances of your life, it is possible that a simple will will resolve the issues, but it is also possible that it is better to make arrangements for your assets while you are still alive and that you will not need a will or other legal declaration on death.
If anyone reading these lines feels like making a will, grabbing pen and paper, I advise you not to do so! If you make a mistake, either in form or in content, the most serious consequence could be that the will will be invalid and the intended heir will not inherit. If you wish to make provision for your assets in the event of your death, please do not hesitate to contact us!
The other area is where we are the heirs. Inheritance is obtained through a procedure known as inheritance before a notary. In simple terms, the procedure is as follows: the notary establishes the deceased’s assets, lists the heirs, determines the order of succession and finally transfers the assets to the heirs. It may seem simple, but I would like to illustrate with a case of my own that it is worthwhile to consult a lawyer about the inheritance procedure even if there is no dispute.
The deceased father had foreign assets and his heirs were his three children. Since only one of the children (let us call him Casimir) spoke the foreign language in question, it was intended that Casimir should be entrusted with the administration of the foreign affairs. Instead, however, what was achieved was that Casimir became the sole heir, the other two brothers renouncing their inheritance in favour of Casimir.
Of course, the two brothers had no such intention, but – to put it diplomatically – there must have been some misunderstanding before the notary. In hindsight, nothing can be done legally in this way, if Casimir is ethical, he will give the other two brothers his share, if not, the two brothers will be poorer with some money but richer with legal experience.
Protecting your rights and interests is our priority. Don’t let be fooled, cheated or harmed!
The problems will not solve themselves, so it is advisable to act immediately.
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