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Inheritance Law
Inheritance law governs to whom, and in what shares, a person’s estate passes on death. Disputes commonly arise between heirs and often long after the event.
Transfer of the estate
Obtaining the certificate of inheritance, identifying the estate and disclaiming the inheritance are the first stages. Where the estate may be insolvent, disclaiming within time matters.
The deceased’s debts also pass to the heirs, so declining an inheritance requires as much legal assessment as accepting it.
Reserved shares and abatement
The law reserves a portion of the estate for certain heirs. Where lifetime dispositions encroach on that reserved share, an action for abatement may be brought.
Transfers made to remove assets from the estate raise the issue of collusive disposition, and such actions require the true purpose of the transfer to be established.
Division and wills
Where the heirs cannot agree, division is carried out by the court through an action for dissolution of joint ownership.
Wills and inheritance agreements allow a person to determine the future of their estate during their lifetime. Failure to observe the required formalities renders them invalid.
Lawyers working in this field
Please contact the office directly for matters in this field.