SmeetsGijbels also has specialists for inheritance law disputes. If the parties are still able to discuss matters, SmeetsGijbels can advise you at this stage or assist as a mediator. If discussions are not possible and a court has to make a ruling, we can assist you as lawyers.
Advising and litigating when dealing with estates
When a person dies, leaving their estate, various questions and problems may arise, such as:
- Unconditional or beneficiary acceptance, or the rejection of a legacy
- Settlement, liquidation, and distribution of an estate
- Questions concerning execution and liquidation
- Calculating and receiving the statutory share
- Lodging an appeal based on discretionary rights
- Settlement in accordance with statutory distribution or parental division of the estate
- Inclusion of gifts in the estate
- Payment of gifts on paper
- Dismissal of an executor or liquidator
- Perils of testamentary administration
- Nullity of a will due to legal incapacity
- Financial exploitation and financial abuse of the elderly
- Verification of the settlement of the estate by the executor or civil-law notary
- Complex international matters
- Matters regarding notarial disciplinary law
- Liability of the executor, the liquidator, or the civil-law notary
- Problems concerning care-related usufruct or sudden payment of a sum
- Interpretation of a will
- Questions about a legacy or liability, etc.
About inheritance law
Inheritance lends itself very well to mediation. Inheritance disputes often have underlying emotional or other causes. Because the legatees are often family members, they prefer not to end up going to court. For this and other reasons, amicable settlements in inheritance law cases are to be preferred above a court ruling. Mediation is therefore an ideal method for reaching an amicable settlement.
Estate mediation focuses on the underlying problems and relationships, whereas court proceedings are often concerned only with the legal tip of the iceberg.
Going to court over an estate
If discussions between the legatees are not possible, SmeetsGijbels lawyers can assist you with the legal proceedings. We will represent your interests in the proceedings with the aim of securing a favourable ruling from the court.
Advice prior to death
Many problems between legatees can be prevented if the testator states clearly in his or her will what is to happen to his or her estate after death. The lawyers at SmeetsGijbels can advise and assist you with the drawing up of a proper will and the drawing up and even amending of prenuptial agreements, to take account of your situation after death.
Prevention is better than cure
Given that prevention is better than cure, the inheritance law lawyers at SmeetsGijbels can assist you with advice on what to decide. In doing so, they will attempt to achieve a satisfactory settlement of the estate in consultation with all the legatees and creditors.
Our lawyers and mediators can advise you on what decisions to take. Every situation is different and requires its own specific approach. Use the links below to find out more about mediation and the options for going to court.
Care to know more?
Family and inheritance law are sensitive subjects that often involve strong emotions. Matters that once seemed routine can take on a new significance as a result of all kinds of events, causing a breakdown in communications and thrusting the parties involved into far-reaching and invasive legal proceedings. SmeetsGijbels advises its clients on what route to take. We do so with empathy and support, adding our specialist legal knowledge as necessary.
Care to know more? Our lawyers and mediators are ready to help you. Obviously, we guarantee complete confidentiality.
Find out more about our lawyers and mediators in inheritance law in Amsterdam and Rotterdam. They can advise you on what decisions to take.