Inheritance law attorney

When should you engage an inheritance law attorney?

In many estates, legal questions arise alongside emotional ones. Legal guidance is advisable in the following situations:

• There is a threat of or an existing conflict between heirs regarding the distribution or execution of the will.
• You have been disinherited and wish to know if you can claim the statutory share.
• The distribution of the estate has stalled, and the parties cannot reach an agreement.
• You are uncertain about acceptance due to potential debts within the estate.
• The estate has an international component, such as assets in multiple countries or different nationalities.

Depending on the circumstances, consultation may suffice. In other cases, court proceedings are necessary.

What does an inheritance law lawyer do?

An inheritance law attorney brings structure to a complex situation. Depending on the circumstances, guidance includes:

• Determining your legal position based on the will and statutory rules.
• Legally clarifying and interpreting the will and statutory distribution.
• Requesting or compelling information from the other party or the civil-law notary.
• Negotiating a settlement, involving a mediator if necessary.
• Litigating in court if consultation does not lead to a solution.

For questions regarding statutory share and disinheritance, timely action is essential. The law stipulates deadlines within which claims must be invoked.

Service area and accessibility

Simmelink Lawyers is located in Maarssen and assists clients with inheritance law issues at the office or entirely remotely via secure video calling. Remote assistance is also available for clients outside the region or from abroad.

For clients from Utrecht and the surrounding area, an inheritance law lawyer in Utrecht handles the proceedings at the Central Netherlands District Court. Clients from outside the region are assisted in the same manner: at the office or via video calling.

Inheritance with debts: accept or reject?

In the case of an inheritance with debts, the choice between pure acceptance, beneficiary acceptance, or rejection is decisive for your liability. An incorrect choice can lead to personal liability for the deceased’s debts.

Gaining insight into the financial situation of the estate is a first step. An inheritance law lawyer can help assess which choice is most appropriate for your situation.

International estate

When the deceased lived abroad, left assets in multiple countries, or different nationalities are involved, additional legal questions arise. The European Succession Regulation (EU 650/2012) determines in many cases which law applies and which court has jurisdiction.

Simmelink Lawyers advises on estates with international elements where Dutch law applies or where the Dutch court has jurisdiction. More about the legal frameworks can be found on the international inheritance law page.

Scenarios

1. Consultation and amicable settlement

In many estates, consultation between heirs is possible, potentially guided by a mediator. An inheritance law lawyer can clarify the legal position of their client and contribute to a feasible settlement.

2. Mediation

In the event of stalled relationships, a mediator can help bring parties back into discussion. Depending on the circumstances, mediation offers a path to a settlement without court proceedings.

3. Legal proceedings

If consultation and mediation do not lead to a solution, the court can be asked to make a decision regarding the distribution or execution of the will. A lawyer drafts the petition and manages the proceedings.

4. Second opinion during ongoing proceedings

Are you already in proceedings with another firm and wish to have your position reviewed? A second opinion provides independent insight into the strategy and the status of the case.

Practical examples

Conflict over the parental home

Following the death of a parent, a discussion arose between heirs regarding the sale of the parental home. The legal position of the parties involved was unclear. By clarifying what the statutory distribution entailed, clarity could be established regarding everyone’s claims before further steps were taken.

Uncertainty about acceptance in the event of potential debts

An heir was uncertain about accepting the estate due to potential debts. The situation required an analysis of the estate’s financial position and an assessment of the available options.

International estate with multiple legal systems

In an estate with assets in multiple countries, the question arose as to which law applied and which court had jurisdiction. The applicable regulations required an analysis of the European Succession Regulation and the relevant national rules.

Do you have questions about an estate or a family conflict? Discuss your situation in a consultation.

Written by Carla Simmelink, inheritance law lawyer at Simmelink Lawyers.

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