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Inheritance law

It happens to everyone : in the family, someone dies, this is inevitable. When a person dies, his estate will fall vacant. It has to be divided among the heirs.

This estate can be positive or negative: there is an asset or a liability.

 

Passive estate

If there is a liability, then the estate can be rejected by the heirs, because no one likes to inherit debts: your lawyer knows the procedure to reject these debts. Our lawyers will be happy to help you with this.

Active estate

If there is an asset, it is necessary to see where it goes. Firstly, it will have to be ascertained what exactly the estate consists of and what the heirs’ share of the estate is.

Succession planning

We advise our clients to think about the inheritance situation in good time: we call this inheritance planning. With succession planning, many future problems can be avoided, not only within the family, but also with the tax authorities and so on.

What to think about when inheriting

When someone dies, you need to sort out a lot of information. But also when you arrange this in advance through inheritance planning. A specialist will know what questions you need to think about. For example: Did the deceased make arrangements by, for example, drawing up a will or already making certain gifts during his lifetime? Were certain heirs already endowed in a well-defined way and to what extent should corrections be applied to this after death? Did the wills and/or gifts expire validly?

Distribution of estate

When distributing the estate, the legal right of inheritance of the heirs should not be affected under any circumstances. If the legal reserved portion of the inheritance of the heirs is affected, for example due to gifts that resulted in the testator no longer possessing anything at the time of his death, they will be able to take steps in specific cases to ensure that their right to inheritance is preserved.

Help from Avolink

When an estate opens up, many questions often arise that require a legal answer; we are happy to assist you during this procedure. Sometimes urgent action must be taken to prevent certain items from disappearing: we know the procedure that makes this possible. Sometimes it is necessary to negotiate, through the notary or otherwise, and if necessary we can go to court to obtain what the client is entitled to, because no one can be obliged to leave an estate undivided, and everyone can therefore have their full rights claimed.