Inheritance Law

After the death of a relative, those affected often ask the same questions:

  •    Have I become an heir? Which of the several wills is effective?
  •    Who owns the estate after the accrual of the inheritance?
  •    What am I liable for as an heir?
  •    What exactly is a community of heirs and what is its effect?
  •    Can I, if applicable, demand the compulsory portion from the heirs?

Advice Before the Accrual of the Inheritance

Care must be taken even when drawing up a last will. If, therefore, you wish to draw up a last will in order to avoid later disputes and to settle your estate, legal advice is essential in this case, too.

In many cases, a will is drawn up without first consulting a lawyer with regard to the exact wording. The consequence of this is that, in the case of inheritance, there are ambiguities as to what is actually wanted and this leads to a dispute, which, according to the will of the testator, should be avoided.

Therefore, do not take the risk of drawing up a will which is rendered retroactively ineffective or which is ambiguous; instead, let us advise you in drawing up your will.

Advice After the Inheritance

In the event that you are considered as an heir in the last will or in an inheritance contract, it is advisable to obtain a prompt overview of the rights and obligations an heir has. In particular, due to the fact that a rejection of the inheritance is only possible within 6 weeks, it is advisable to obtain information as soon as possible about the obligations an inheritance entails.

Legal advice from a lawyer is also unavoidable when you have become an heir and someone demands the compulsory portion or vice versa, or when you have been disinherited and wish to assert a compulsory portion.

Living Will and Power of Attorney

Both a living will and a power of attorney make it easier for relatives to act when a relative becomes incapacitated. Caution should be exercised regarding the wording, as the case law imposes high requirements which ordinary citizens are generally unaware of.