Contents
- Succession opens at the moment of death, and the estate is distributed under a will or, if there is none, under the law.
- A will is the safest way to arrange matters during one's lifetime, but it cannot infringe the reserved share of protected heirs.
- If the deceased may have had debts, the inheritance can be accepted subject to an inventory.
- Voluntary partition is the quickest route; if there is no agreement, judicial partition follows, which is long and expensive.
Settling inherited property can often become a source of conflict between heirs. Differing interests, poor communication or legal uncertainty frequently lead to tension and litigation. To avoid such problems, it is important to be well informed and to take steps in advance to settle matters of succession.
The Basics of Succession Law
Succession may take place by:
- Will: the personal wishes of the deceased, which determine how the estate is distributed.
- Intestate succession: where there is no will, the estate is distributed according to the statutory rules.
The main principles are:
- Succession opens at the moment of the deceased's death.
- Depending on the case, heirs may include children, a spouse, parents, brothers and sisters and their descendants.
What Should Be Done before Succession Opens?
Making a will
A will is the most effective way of arranging one's estate during one's lifetime. The testator may:
- Distribute the estate as he or she wishes.
- Name specific heirs or exclude certain persons from the estate, unless they are protected heirs entitled to a reserved share.
Consulting a lawyer
Professional legal assistance is essential when making a will or settling relations between future heirs.
Clearing the legal status of the properties
The owner should check and clear any encumbrances or uncertainties concerning ownership of the properties, such as mortgages, co-ownership and other legal restrictions.
How to Settle Inherited Property after Succession Opens
Accepting the inheritance
Once succession has opened, the heirs may:
- Accept it subject to an inventory, which is advisable if the deceased may have had debts.
- Accept it outright, through conduct showing an intention to take the inheritance.
Important: the inheritance must be accepted within the prescribed time limits.
Voluntary partition
Voluntary partition is the best way to avoid disputes. It is carried out by a written agreement between the heirs and involves:
- Determining each heir's share under the law or the will.
- Allocating the properties, or selling them and dividing the proceeds.
Judicial partition
If the heirs cannot agree, the matter goes to judicial partition. This process is long, complex and often expensive. The court may:
- Determine each heir's share.
- Allocate specific properties or order their sale.
Common Problems and How to Avoid Them
Uncertainty about ownership of the properties
- Check ownership and encumbrances through the Property Register and the local tax office.
Disputes over the heirs' shares
- Disputes often arise where the estate has not been arranged in advance. Consulting a lawyer and agreeing a voluntary partition are key to avoiding them.
Missing deadlines
- Accepting or renouncing the inheritance in time is essential. Missing a deadline may have unwanted consequences, such as inheriting debts.
The Lawyer's Role in Settling Inherited Property
A lawyer can assist you at every step of the process:
- Drafting and registering a will.
- Representation in accepting or renouncing an inheritance.
- Drafting voluntary partition documents.
- Representation in partition proceedings.
An experienced lawyer will help protect your rights and see that the procedures are carried out correctly.
Settling inherited property can be a complex and emotional process, but the right approach and professional help can make it much easier. A will, voluntary partition and legal advice are the best ways to avoid disputes and protect your interests.
If you need assistance with the partition, sale or settlement of an inherited property, our real estate and civil law teams can help at every stage.
Frequently asked questions
Can I disinherit someone in my will?
You may distribute your estate as you wish, but without infringing the reserved share of the protected heirs provided for by law.
What does accepting an inheritance subject to an inventory mean?
It is a form of acceptance suited to cases where the deceased may have had debts: the heir is liable for the deceased's debts only up to the value of the assets received.
What is the difference between voluntary and judicial partition?
Voluntary partition is a written agreement between the heirs to allocate or sell the properties. If they cannot agree, the partition is carried out by the court, which determines the shares and may allocate the properties or order their sale.
What should I check about an inherited property?
Its ownership and any encumbrances, such as mortgages, attachments and co-ownership, in the Property Register and at the local tax office.
