FAQ
FAQ
What can I do about an unlawful will?
Reduction for infringement of compulsory shares and invalidity due to particular defects are different actions. Dissatisfaction alone is insufficient. Knowledge, opening of the disposition and statutory time limits must be examined promptly.
Can I challenge disinheritance?
The statutory grounds must actually exist and be specified to the required extent. The burden of proof and effect of incorrect grounds must be examined. Special disinheritance on grounds of insolvency has its own requirements.
How can I disclaim an over-indebted estate?
A three-month period generally applies, beginning at the time prescribed by law. Intermeddling in the estate can jeopardise the right to disclaim. A protective inventory, public inventory and official liquidation are different mechanisms.
May heirs agree on a different division?
Agreed division is generally possible, but third-party rights and particular commitments still require examination. Legacies and other obligations do not disappear merely through an internal agreement. Additional formalities apply to real estate.
Complex questions from practice
How can doubts about capacity of judgement when executing a will be clarified legally and through evidence?
Capacity at the time of execution is decisive. Medical records, witnesses and observations made close to that time may be relevant. Age or a diagnosis alone does not prove invalidity.
Prepare a chronology around the time of execution and record specific observations. What matters is not merely general changes in health but capacity to make the particular disposition. Access to medical records and their use must be clarified legally. Deadlines for any challenge should also be checked early.
What information and evidence options exist if a co-heir conceals accounts or gifts?
Inheritance information rights and evidence should be used purposefully. Access to bank information depends on entitlement and scope. Preserve indications and consider court-ordered information or protective measures.
Identify the suspected assets and evidence of their existence as specifically as possible. Account statements, payment records or earlier statements may support an information request. Unlawful access to another person’s accounts or data should be avoided. The appropriate legal basis and the people involved determine how information and evidence can be requested.
How can an estate division blocked for years be advanced in a legally and financially sensible way?
The right to division, divisibility of assets and agreed commitments must be examined. An estate division claim may lead to a sale where allocation is not possible. Settlement and valuation may be financially preferable.
An inventory should identify heirs, estate assets, debts and previous attempts to reach agreement. For assets that are difficult to divide, valuation and financing of a takeover may be decisive. Before bringing an estate division claim, comparing possible outcomes and costs is worthwhile. The claim can resolve a deadlock but does not automatically result in the preferred allocation of an item.
When can a substantial gift made before death be reviewed in light of inheritance claims?
Infringement of compulsory shares, the nature of the transfer and statutory grounds for reduction are decisive. Not every gift must automatically be returned. Time limits and recipients must be correctly identified.
Document the nature, value and date of the transfer and any statements by the deceased. Hotchpot and reduction have different requirements. Before seeking recovery, it must therefore be established which mechanism applies and who is entitled to claim. A large transfer alone does not replace this assessment.