Inheritance Law

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An inheritance can / should be anticipated. Several methods are at your disposal to ensure that the transfer of your inheritance is as in line with your wishes as possible and avoids the application of the default legal rules.

Advice from an inheritance lawyer is therefore necessary to prepare your inheritance. They will develop a true inheritance strategy with you and work to prevent conflicts among heirs, ensuring the legal security of your decisions.

The inheritance lawyer will help you structure your assets to optimize the taxation of your inheritance and protect your loved ones.

Amicable Division of the Inheritance

The amicable division of an inheritance requires the agreement of all heirs. Each co-heir will then receive assets with a value equal to their share in the indivision.

However, in case of deadlock and before resorting to a more complex legal procedure, the intervention of an inheritance lawyer can help find a satisfactory solution for everyone and avoid wasting time and incurring unnecessary costs.

While the intervention of an inheritance law specialist is not mandatory during this amicable phase, it is nonetheless a significant advantage to ensure that your claims are heard. They will defend you before the notary or in front of co-heirs. The ability to convince of our lawyers is crucial!

Judicial Division of the Inheritance

If there is no agreement between the heirs regarding the distribution of the inheritance, the High Court of the place of succession (the deceased's last residence) must be seized to order the judicial division. The judge is called upon through a petition for division, with mandatory representation by a lawyer.

A prior amicable attempt must be demonstrated.

It is then possible to request the judge to allocate certain assets from the inheritance. Preferential allocation may specifically concern the residence or the businesses.

In all cases, if you are involved in a challenging inheritance, advice from an inheritance lawyer is helpful to unblock the situation and hope for a favorable amicable division.

If the deadlock is insurmountable, the presence of a specialized inheritance lawyer becomes mandatory to preserve your inheritance interests by forcing the judicial division.

The Will to Transmit Your Assets

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The drafting of a will, its interpretation, and its validity are major issues in an inheritance. Indeed, it is often the cause of conflicts at the time of opening the inheritance.

For a will to be valid, it is necessary for the testator (the person making the will) to be of sound mind and legally capable.

Form-wise, a will can be holographic or authentic. A holographic will is written, dated, and signed by the testator themselves without any specific formalities. In contrast, an authentic will is made in front of a notary with the presence of two witnesses.

Substance-wise, the drafting of the will is not free in the presence of reserved heirs. The law regulates and protects everyone's rights. Indeed, the will cannot lead to disinheritance or reduce the reserved portion of these heirs.

The advice of an inheritance lawyer is necessary to ensure that your will will not be contested. They assist in drafting or can receive and verify it to prevent any future disputes.

On the other hand, in the case of a difficult inheritance, our law firm assists you in challenging the validity of a will and requesting its cancellation.

The Donation to Anticipate Your Inheritance

A donation is an act through which the donor transfers ownership of an asset to a beneficiary, the donee. It can take three forms: manual donation, gift of usage, or donation through a notarial act. There are three legal types of donations: donation with usufruct reserve, progressive donation, and donation-sharing.

The donation is by default considered to be made in advancement of the heir's share, meaning it will be deducted from the beneficiary’s share of the inheritance, ensuring equality among heirs.

The donation must not affect the reserved share of descendants or the surviving spouse. If it does, it will be subject to reduction when settling the donor’s inheritance.

The donation is therefore a valuable tool for preparing your inheritance. However, it must be properly structured to avoid generating future inheritance disputes!

Your inheritance lawyer will advise you to ensure the best use of the donation. They will defend you in the case of a contested inheritance to reinstate donations and restore your inheritance rights.

Life Insurance to Avoid Inheritance

Life insurance has the major advantage of avoiding inheritance and thus the traditional rules of succession. Its tax advantages can also be appealing.

However, the policyholder's freedom in choosing a life insurance contract is not absolute.

Indeed, part of the premiums may be reintegrated into the estate if the amount is considered to be “excessive relative to the policyholder's means”.

In case of an inheritance dispute, the judge will take into account the policyholder’s assets at the time of the premium payments. They will also assess the usefulness of the asset.

You can use a life insurance contract to plan your inheritance. Its legal and tax system is advantageous, and an inheritance lawyer will assist in drafting or reviewing the policy to prevent complications in the future.