What Does Inheritance Law Regulate?
Inheritance law, as laid down in the Civil Code, determines how the assets and debts of the deceased are divided among the heirs. The estate of the deceased (all assets and debts together) forms the basis for the distribution. The first step in the settlement is to determine who the heirs are and what each is entitled to.
Documents and rules play a role in this: the will, any gifts, the statutory distribution, and the rights of children or partners such as the statutory share or the child’s portion. The position of parents can also be relevant in specific cases, for example, in protecting the interests of minor children.
In practice, inheritance issues are rarely purely legal. A void will, unclear agreements, or an executor who does not perform their duties carefully can cause tension and distrust. Our experienced inheritance lawyers bring peace and clarity: we explain what the law says, what applies in your situation, and which steps are wise. Whether it involves consultation, drafting declarations via the notary, or preparing for a procedure, you receive clear explanation, careful application of the rules, and human guidance.
When to Engage an Inheritance Lawyer
Engaging an inheritance lawyer is wise as soon as there is uncertainty or tension surrounding the estate, for example in cases of:
- a distribution of the inheritance that is stalled or feels unfair;
- questions about the validity or nullity of a will;
- a claim on the statutory share or child’s portion;
- the choice to accept (conditionally) or reject an inheritance;
- uncertainties about the role of executor or liquidator;
- an estate with debts or creditors;
- the desire to de-escalate an emerging family conflict.
Our specialized lawyers assess your position, balance the legal and personal factors, and advise on the right course: legal advice, consultation and documentation, or – if necessary – a carefully prepared step to court. Even if you are not yet sure whether you want to litigate, a short conversation quickly clarifies what is wise. At Simmelink, it is: first peace and insight, then targeted action.
Our Approach: Clear Advice and Strategy
We believe that legal peace begins with clarity. Therefore, we work according to a fixed, thoughtful approach — transparent, careful, and focused on sustainable solutions.
Step 1: Analysis
We inventory the will, bank details, and relevant documents, map out the estate description, and examine the relationships. This way, we understand both the legal and human context.
Step 2: Advice
You receive concrete legal advice: we explain the rules, identify opportunities and risks, and translate the Civil Code to your situation. This way, you know what choices you have and what they mean.
Step 3: Guidance
We assist you in negotiations, consultation with the notary, or — where necessary — a procedure in court. Our guidance is balanced and strategic: legally sound and humanly bearable.
Our firm has years of experience in the field of family law and inheritance law. Whether it concerns the settlement of debts, a void will, a disinherited parent, or a dispute between heirs — you can count on structure, peace, and results.
Common Inheritance Law Issues
Inheritance law encompasses numerous topics where expert guidance makes a difference. We assist with:
Distribution of Estate
A fair, correct distribution prevents family relationships from being strained. We advise on estate description, statutory distribution, gifts, and preventing misunderstandings about assets and wealth.
Conflict over Inheritance
Differing interpretations of the will or disagreements about money and goods quickly lead to disputes. We help restore communication, provide legal assistance, and prevent escalation.
Executor or Liquidator
The executor has a central role in the settlement. If the execution is unclear or careless, we advise on your rights and possible assistance. We also guide executors to avoid liability.
Accept or reject inheritance
The choice to accept, conditionally accept, or reject has consequences. We explain options and risks and assist with declarations and coordination with the notary.
Statutory Share and Child’s Portion
Children often have the right to a minimum inheritance: the statutory share. We calculate your claim, monitor deadlines, and act in cases of disinheritance or a (potentially) void will.
Declaring a Will Void
Do you doubt the validity of a will? In specific cases, voiding may be applicable, for example, in cases of coercion, abuse of circumstances, or doubt about mental capacity at the time of signing.
Our lawyers carefully investigate whether grounds exist to declare a will void. Consider evidence gathering (such as relevant medical records or witness statements) and checking compliance with legal rules. If necessary, we draft the appropriate declaration and litigate in court. Goal: protection of your rights and a correct distribution of the estate according to the law.
Resolving Family Conflicts
A family conflict requires more than just rules — it requires insight into people. In conflicts over inheritance or wills, we bring peace, structure, and perspective. We assess the position of all heirs, the content of the will, and the relevant rules. Sometimes consultation via the notary or a mediator suffices; sometimes litigation is unavoidable.
Other interests may also play a role, for example, access to the deceased’s medical records. We help carefully weigh what is legally possible and what is wise to sustainably resolve the conflict. You can count on a personal, involved approach — aimed at restoring trust.
👉 Read more about conflicts and estate distribution (/inheritance-law/conflict-over-inheritance/)
Examples from our Practice
Our practice examples show how careful substantiation and clear communication lead to sustainable outcomes. From the validity of a will to disputes over legacies, settlement of debts, or a claim on the statutory share — we have assisted numerous clients in resolving complex inheritance law issues.
👉 Read examples from our practice (/from-the-practice/inheritance-law/)
Schedule an Initial Consultation with our Inheritance Lawyers
Do you want to know what is wise in your situation? In an initial consultation, we review your file, explain the rules, and advise on the best approach. You will immediately gain clarity about your position, rights, and next steps.
Meet our experienced inheritance lawyers. Our firm, specialized in family law and inheritance law, offers legal advice and assistance with calm, discretion, and strategy. We stand for clarity, transparency, and sustainable solutions.
What Clients Say about our Guidance in Inheritance Law
In matters of inheritance, it is about more than just rules. Our clients appreciate the calm, clarity, and personal guidance with which we help them through a often emotional period. Read how they have experienced our approach.
After my father’s death, disagreements arose over the distribution of his possessions.
I did not know my rights well and felt overwhelmed by emotions and opinions.
Simmelink Lawyers gave me clarity and explained step by step what the law dictates.
Their calm and expertise ensured that we reached a fair solution without a lawsuit.
There was an error in the will, causing us as heirs to be at odds.
Simmelink carefully investigated what was legally possible and kept an eye on family relationships.
Thanks to their advice, we were able to partially rectify the will and make workable agreements for everyone.
The communication was always clear, respectful, and without pressure.
I doubted whether to accept my brother’s inheritance due to possible debts.
Within one conversation, I knew exactly what my options were and what the consequences would be.
Everything was explained clearly, without complicated legal jargon.
Ultimately, I conditionally accepted the estate, with their help and reassurance.
Our Attorneys at Law
At Simmelink Lawyers, you work with lawyers who specialize in family law, international family law and inheritance law. We work intensively together on solutions that are legally sound and personally appropriate to your situation.
Carla Simmelink – Family Law Attorney, International Family Law and Inheritance Law
Family Law Attorney, International Family Law and Inheritance Law
Valerie Lingg – Family Law Attorney, International Family Law
Family Law Attorney, International Family Law
Eva Zaunbrecher-Boschloo – Family Law Attorney, International Family Law
Lawyer at Law (International) Family Law
Our lawyers are approachable, respond quickly, and keep you continuously informed about the progress of your case.
Frequently Asked Questions about Inheritance Law and Estate Matters
Inheritance law often raises practical and legal questions. Below, our lawyers answer the most common questions, so you quickly gain clarity about your rights, options, and next steps.
An inheritance lawyer assists in settling estates, preventing or resolving conflicts, and applying the will or statutory distribution.
We guide heirs, executors, and other parties involved in assessing rights and obligations, drafting declarations, conducting consultations, and – if necessary – initiating a procedure in court.
You can engage an inheritance lawyer as soon as there is uncertainty, delay, or tension about the estate.
For example, in the case of a void will, disputes between heirs, questions about the statutory share, or doubts about accepting or rejecting the inheritance.
Even if you are still in consultation with family, a short advice session can help prevent escalation.
The notary drafts documents and ensures they are legally valid, such as the will or the declaration of inheritance.
The lawyer comes into play when there are disagreements, legal disputes, or conflicts of interest.
An inheritance lawyer can advise you on your rights, negotiate on your behalf, or conduct a procedure if necessary.
Often, notary and lawyer work together to reach a solution.
With conditional acceptance, you accept the estate under reservation: you inherit only if there are more assets than debts.
This prevents you from being personally liable for any debts of the deceased.
A lawyer can help you file the declaration and monitor legal deadlines.
The statutory share is the part of the inheritance that children are always entitled to, even if they are disinherited in the will.
The calculation is legally complex and depends on the estate and any gifts.
An inheritance lawyer can calculate your claim and formally assert it in time, so you receive what you are entitled to.
A void will can be annulled if there was coercion, deception, abuse of circumstances, or if the testator was not mentally competent.
In that case, the statutory distribution applies (partially).
Our lawyers investigate whether there is evidence for voidness, such as medical records or witness statements, and guide you through the legal steps.
The executor must manage the estate carefully and inform the heirs.
If they do not, they can be held accountable or – in severe cases – dismissed by the court.
We help you assess whether this is wise and feasible in your situation.
That depends on the size of the estate and the cooperation between heirs.
For simple estates, it takes a few months; for disputes or procedures, sometimes longer.
We ensure that your file is well-prepared, deadlines are monitored, and unnecessary delays are avoided.
The costs depend on the nature and complexity of the case.
At Simmelink, we discuss the approach, phasing, and budget in advance. You receive a clear estimate, so you know what to expect.
Transparency and predictability are central to us.
