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Testament or inheritance according to the law
A testator may have arranged his wishes with regard to the settlement of his inheritance by disposition of property upon death (will). In a will are often arranged:
disinheritance / appointment of heirs
(also called inheritances)
- the appointment of an executor / testamentary executor
- a legacy or gift after death
- administration / administration / resolution administration
- the contribution of gifts or donations
- two stages
- parental division of property
- (with old wills)
The explanation and validity of a will may be up for debate.
Was the testator still competent or was there a lack of will, because father or mother, for example, had (starting) dementia? Did the civil-law notary act properly, for example by following a protocol? Can the will be quashed or annulled? What exactly did the testator mean by his will?
If there is no will, the estate inherits according to law. This usually means that all property and debts go to the still living spouse and the children receive a claim against their father / mother or stepfather / stepmother, which is only payable upon his death. We can tell you more about your legal rights and obligations.
(Beneficially) accept or reject
Shortly after death, few heirs think about whether they will accept the inheritance purely, accept it under the privilege of an inventory (benefit acceptance) or reject it.
But it is very important to make a quick choice and to be careful not to accidentally perform an “act of pure acceptance.” Then you are liable for the debts of the deceased with your own capital! Beneficial acceptance does, however, entail the obligation to settle the estate. What to do? There has been a lot of publicity that heirs would not be liable for unknown debts, but jurisprudence already shows that the court does not easily assume an unknown debt. It is wise to speak to a specialized lawyer soon after death about what is the best option in your case and what the consequences are.
The legitimate portion / the child portion
Have you been disinherited or are you receiving a smaller share than you think you are entitled to?
Then it may be that you have a claim based on your legal portion. That is the legal child part to which you can claim if you are a child of the testator. Gifts and gifts during life count in this. It is not always wise to invoke a legitimate one if one is mentioned in the will but feels you are getting too little. In that case you could just end up empty-handed.
Execution and Liquidation
A will often states who will be the executor or administrator of an estate.
We often assist executors and / or resolution administrators to provide them with advice on the settlement of the estate. We are also often on the other side: heirs or creditors of the deceased also often find us for advice and assistance in proceedings against the executor. This often involves checking the management of an executor or holding it liable for damage caused by improper management.
In some cases, the estate must be liquidated. This is the case if it is accepted beneficially or if the judge so decides.
We can assist you if you are the liquidator of the estate or if you have a discussion with the liquidator about the settlement of the estate.
Many disputes in inheritance law concern the division of the estate’s assets. Who gets what? What is the value of the goods to be distributed? Is it wise to impound? What to do if someone has already distributed things?
Are you a creditor of someone who has died?
We can provide you with advice and assistance if you had a claim against the deceased. We investigate all possibilities to obtain your claim as quickly and efficiently as possible.
Other inheritance cases
CBEA can be of service with regard to other aspects of the law of succession, such as rights of will, other legal rights or asking or just giving account and accountability.