Inheritance law: advice and litigation
SmeetsGijbels has specialists for disputes in the field of inheritance law too. When the parties are still able to discuss matters, SmeetsGijbels can offer assistance as a mediator. If discussion is no longer an option and the court has to decide, we can assist you as your lawyer.
Advice and litigation in devolved estates
The devolution of an estate can lead to various questions and issues, such as:
- accepting an estate with or without the benefit of inventory, or denouncing an estate;
- the settlement and distribution of an estate;
- invoking a forced share;
- invoking an optional right;
- reversing a legal distribution or division of a parental estate;
- contribution of gifts into the estate;
- payment of gifts on paper;
- dismissal of an executor;
- the annulment of a will;
- monitoring of the settlement of the estate undertaken by the executor or civil-law notary.
As prevention is better than cure, the lawyers of SmeetsGijbels can offer advice for any decisions you need to make. We will always try to settle an estate in a respectful manner, in consultation with all heirs.
Inheritance law lends itself to mediation perfectly. Disputes relating to inheritance law often have underlying (emotional) causes. As the heirs are often related, they prefer not to let matters come to legal proceedings. For this and other reasons, an amicable settlement is much preferred over a court judgement in inheritance law cases too. Mediation is the perfect tool to come to an amicable settlement.
Estate mediation focuses on underlying problems and mutual relationships, whereas legal proceedings often only deal with the legal tip of the iceberg.
Litigating about an estate
If the heirs are not able to consult with each other, SmeetsGijbels' lawyers can guide you through the legal proceedings. We look after your interests during the proceedings in order to secure a positive judgement from the judge.
Advice before death
A lot of problems between heirs can be avoided if the deceased leaves a will that stipulates what will happen to his (future) estate. SmeetsGijbels' lawyers can advise and guide you in drawing up a proper will and drawing up or even changing a prenuptial agreement, taking the post-death situation into account for the future.