Inheritance law

Inheritance law prescribes what happens with property upon person’s death.

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Inheritance can be guided by a will or the law. Main problems involve multitude of successors, bequeather’s obligations, a division of inherited property and a validity of a will.

HUGO lawyer will explain rights of successor, as well draft and analyse documents. We also represent in court and help with notary formalities.

Inheritance according to the law

Inheritance is guided by the law in case a person did not issue a valid will or executed a valid succession contract. Also, if a will or a succession contract only partly covers bequeather’s property. By the law relatives and spouse inherit. Biggest disputes involve a circle of persons entitled to inheritance and requests for compulsory portion.

Will

A will is a unilateral transaction whereby a bequeather makes a disposition of his or her property in the event of his or her death. A will may be notarial or domestic. With regards of a will biggest disputes involve its validity and an extent, an interpretation of testator’s will as well as a determination of compulsory portion.

Succession contract

Succession contract in difference to a will is a two-sided deed by which usually a successor is established, or an inheritance is rejected. It is possible to assign certain object, obligations to certain successors or provide instructions regarding usage of inherited objects. Provisions of succession contract are binding and bequeather cannot unilaterally change or nullify them.

Minor’s inheritance deeds

With minor’s inheritance deeds requirements and specifics established by the law should be observed. Parents need a court’s consent for such deeds. For example, a parent cannot sell minor’s immovable or enter into inherited property distribution agreement without consent of a court.

Renunciation of inheritance

A successor is entitled to accept or reject an inheritance. Renunciation of inheritance requires a clear declaration of a will which shall be made within 3 months from death of a bequeather and awareness of a right to inherit. Upon an acceptance of inheritance, it is not possible to reject an inheritance unless otherwise is stipulated by the law. After renunciation of an inheritance it is not possible to accept an inheritance. Renunciation is usually caused due to the fact that debts of a bequeather exceed property. Review of debts and a property is provided by inheritance inventory.

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