Inheritance Law

Most inheritance disputes arise not over who the heirs are but over the extent to which transactions carried out by the deceased during their lifetime affect the estate. The file therefore begins not with the assets held at the date of death but with transfers made years earlier.

Lifetime transfers can be brought back into the estate

Sales and gifts made by the deceased during their lifetime may be added back into the estate for calculation purposes where they impair the rights of heirs entitled to a reserved portion. What governs this assessment is not the label the transaction carries but its true purpose: whether the price was in fact paid, the real value of the property at the date of transfer, and the relationship between the parties are examined together. The land registry record alone does not close this argument.

Renunciation is a calculation too

Renouncing an inheritance is not a step that arises only where the estate is in debt; a renunciation made before the balance of the estate's debts and assets has been established cannot be withdrawn. Once the period for renunciation begins to run, an inventory of the estate must therefore be drawn up first.

The principal matters we handle in this field:

• Certificates of inheritance and identification of the estate
• Claims concerning reserved portions, abatement and collusive transfers by the deceased
• Assessment of wills and testamentary dispositions
• Distribution of the estate and dissolution of joint ownership
• Renunciation of inheritance and proceedings concerning estate debts

Because forfeiture periods in inheritance files begin to run from the date of death or of knowledge, which date applies is settled at the outset.