Inheritance is a complex process and decisions to be taken in conjunction with opening the inheritance translate directly to the financial situation of the heirs and their next of kin. It is possible to inherit both assets and debts. Our lawyers will effectively handle the inheritance process from the opening to the division of the inheritance that allows independent management of the inherited assets.
Rules of inheritance
In principle it is possible to inherit on the basis of the act or under testament. Depending on the mode of inheritance the rightsof heirs, their shares and the scope of their legal measures can vary.
Our lawyers will inform you on all the relevant issues concerning the inheritance and advise you on the best way to protect your interests in the succession proceedings.
As part of the legal assistance we offer:
- comprehensive legal advice indicating a solid foundation of inheritance (act, testament), as well as the client's share of the inheritance;
- we provide advice as how to best carry out inheritance proceedings from the point of view of the interests of our clients;
- we represent clients in matters of unworthiness to inherit.
Wills
Testament is the only way to dispose of the assets in the event of death thus it is very important for the will to be drafted properly. Through faulty testament the testator might not achieve the aim set in their written will and in some cases, the testament may be considered invalid.
Our law firm provides comprehensive help in matters related to the will-based inheritance.
Providing legal services on your behalf:
- we provide advise on how to successfully draft testaments, giving meaningful content so that it reflects the true will of the testator (e.g. naming the heir, disinheritance, additional provisions for third parties);
- we provide comprehensive advice on the effects of testament both for heirs, and third parties, including an evaluation of testament effectiveness and the possibilities of challenging the will;
- we represent clients in all court proceedings including succession proceedings on the basis of wills.
Legitime
Legitime is a financial claim from the testator's next of kin who has been left out in the will. In specific situations, with the statutory inheritance, when the testator disposed of assets before his death in the form of donations, a legitime may also be applicable.
Our lawyers will help you to determine whether, in conjunction with an inheritance, legitime can be claimed or whether you are exposed to the claims in this right.
As part of our business activities:
- we determine the legitimacy of legitime claims, its amount and the persons entitled to legitime;
- we assess the effectiveness of disinheriting the next of kin;
- we effectively carry out proceedings from claims of legitime, representing our clients in court.
Responsibility for debts under the succession
The liability for debts under the succession depends primarily on the heir's activity. The decision of accepting or refusing inheritance has important implications both for the next of kin of the heir and for the remaining heirs.
Our firm will comprehensively inform you on your potential liability of debts, as well as advise the best way to act in a given situation.
When providing legal assistance, we can off the following services:
- we identify the scope of liability for debts under the succession and we advise on activities aiming to optimize liability;
- we represent our clients in court cases related to recourse claims related to liability for the debts under the succession.
Ascertainment of inheritance acquisition
In order to regulate the legal status after the opening of inheritance, it is first necessary to ascertain who acquired the inheritance. It is not uncommon that the ascertainment of inheritance acquisition had not been carried out for many persons who inherit one after another, which may make it difficult to determine the heir and the individual’s share in the inheritance.
Our law firm provides legal assistance which allows you to determine who is the rightful heir and effectively carry out the inheritance proceedings.
In particular we:
- provide comprehensive legal advice on debts and assets not covered by inheritance;
- carry out ascertainment of inheritance acquisition and we represent clients in this proceeding;
- provide advice on the certificate of inheritance;
- provide assistance after ascertainment of inheritance acquisition in order to complete all our client's objectives related to inheritance, such as entry into the land and mortgage register.
Division of inheritance
When there are multiple heirs to the inheritance, the inheritance is managed on the basis of joint ownership. Joint ownership is usually a temporary state and only through the division of inheritance will the heirs be able to manage given assets individually as the sole owners.
As part of our activities we clarify all the issues related to the division of the inheritance.
In particular we:
- offer comprehensive legal advice, among others on the division of inheritance options, disposition of the shares within the subject matter of the inheritance, and classifying donations as inheritance;
- conduct effective divisions of inheritance through agreements or court proceedings;
- carry out proceedings with warranty claims related to inheritance assets.
Transferring enterprise/business to a successor
Succession of business is taking certain steps both factual and legal, with a view of handing down the business to one's successors, most often a son or daughter or other family member.
Our lawyers help you to transfer the rights and obligations efficiently to new owners or business managers, providing necessary legal and accounting advice as well as business advice in the process of transferring your business to a successor.
For further information about our services visit our web site which is dedicated to business advice.