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Practice area
Inheritance and estate matters
Inheritance matters require a combined review of the heirs, the composition of the estate and the nature of transfers made by the deceased during their lifetime. Title records, bank records, wills and other documents form the basis of the assessment.
Services provided
- Obtaining certificates of inheritance
- Estate distribution agreements and proceedings for dissolution of co-ownership
- Reduction actions and claims protecting reserved shares
- Title cancellation and registration claims arising from collusive transfers by the deceased
- Drafting, opening and challenging wills
- Disclaimer of inheritance and determination of the estate
Common circumstances
I do not know how the estate will be divided.
A certificate of inheritance is first obtained and the estate identified. If agreement is reached, an estate distribution agreement is prepared; otherwise, mediation and dissolution of co-ownership are considered.
The deceased transferred an asset to one person.
The true nature of the transfer and its effect on reserved shares are examined. Where the conditions are met, a claim based on a collusive transfer by the deceased or a reduction action is considered.
The estate may have substantial liabilities.
The estate's assets and liabilities are investigated and disclaimer of the inheritance is considered. The period for exercising this right is short.
Questions
Frequently asked questions
Is mediation required before dissolution of co-ownership proceedings?
Yes. In disputes concerning the division of movable or immovable property and the dissolution of co-ownership, applying to a mediator before issuing proceedings is a procedural prerequisite.
In what forms may a will be made?
A will may be made formally before a notary, in the testator's handwriting or, in exceptional circumstances, orally. Failure to comply with the formal requirements may give rise to a challenge.
Contact details
You may contact us by telephone, email or WhatsApp.
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