Managing conflicts between heirs with your lawyer

Following a death, the process of settling the deceased’s estate must begin. Added to the difficulty of mourning, the division of the estate can prove conflictual when it brings family frustrations to the surface. Although heirs are protected by the reserved portion of an estate, a co-heir may nevertheless feel that he or she has been short-changed in respect of the entire estate. What should you do if there is a dispute between heirs? Your lawyer specialising in inheritance law can act as an intermediary to ease tensions between heirs and reach an amicable settlement for the distribution of the deceased’s assets. And if the dispute cannot be resolved, he can assist his clients with the legal division of the property between the co-owners. Do you have an inheritance dispute? Here’s how to resolve disputes between heirs with your lawyer.

What are disputes between heirs?

In the event of disputes between heirs to an estate, the notary may find himself blocked, with no way of proceeding with the division. And there are many ways in which disputes can arise between heirs:

• A dispute over the validity of the will drawn up by the deceased;
• An inheritance is blocked because one of the heirs refuses to sign notarial deeds;
• A disagreement over the valuation of assets;
• A dispute over the valuation of gifts or life insurance made before the death (reasonableness of the sums);
• The discovery of missing assets or squandered bank balances;
• A disagreement in the joint ownership of the estate over the management of assets that have not yet been divided.

Your specialist lawyer will assist you in inheritance disputes to ensure that your rights are respected. He or she can bring the matter before the competent court and obtain the judicial appointment of a notary, who will settle the disputes raised by the heirs and prepare the settlement of the estate. However, these procedures can take time. Amicable management of the dispute and negotiation led by your lawyer are preferable to achieving a rapid settlement, even after legal proceedings have begun.

Challenging a will with your lawyer

It is possible to organise the transfer of one’s assets by drawing up a will. This method of transfer allows you to plan the distribution of your assets in advance and prepare for your succession in peace. However, the author of the will must be mentally competent and have legal capacity. If this is not the case, an aggrieved heir can challenge the will by providing evidence of impaired mental faculties at the time the will was drawn up, based on medical expertise.

The will may also be challenged by the heirs on the grounds of vitiated consent or consent obtained by violence. Abuse of weakness thus makes it possible to challenge the deed when a relative of the deceased has abused his state of vulnerability (illness, minor, old age, etc.) to have a will drawn up that is advantageous to him, to the detriment of the other heirs. Your lawyer can help you to establish the offence of abuse of weakness, by providing proof of the material and intentional elements (article 223-15-2 of the Criminal Code).

Finally, the will must comply with the conditions relating to the reserved portion of an estate. Thus,article 912 of the Civil Code provides for a legal reserved portion of the inheritance assets for the spouse and descendants of the deceased and an available portion which the testator may dispose of freely. If the will affects the reserved portion of the estate of the heirs entitled to it, it is therefore possible to contest the deed.

To avoid a will being contested, it is preferable to be accompanied by a lawyer. The lawyer will ensure that the assets are fairly valued so as to establish a basis for calculating the division, and will determine the amount of notary’s fees and inheritance tax. He will then ensure that a valid will is drawn up.

Getting out of joint inheritance

The opening of the succession gives rise to joint ownership of the estate. The aim is to reach an agreement on the distribution of the deceased’s assets, particularly property. But joint ownership can be a complicated situation to manage, since several people exercise rights over one or more joint assets. Conflicts can therefore arise over the management of joint property or the desire of a joint owner to leave joint ownership.

Conflicts can arise when one of the heirs wants to keep a house, but has to make compensatory offers to the other heirs. This can lead to a deadlock in the transfer process. The property must continue to be maintained, or risk losing its value on the property market. Most of the time, a majority is sufficient to take a decision, but unanimity is required in some cases. Some people want to move quickly, while others are trying to save time.

How do you get out of a situation where joint inheritance is dragging on? Joint ownership of an estate only ends when the assets are actually divided. However, the inheritance option still allows the heir to refuse his share of the inheritance. You may also choose to sell your share to escape indivision, as no one can be forced to remain in indivision. If the heirs do not follow your proposal for an amicable solution, the division is carried out in court, as provided for in article 840 of the Civil Code.

Contesting the division of an estate

If the division of an estate is contested, a collective solution can be drawn up between the heirs. In this way, everyone gets the property they want and avoids conflictual legal proceedings. The presence of a lawyer makes the division operation more secure and avoids any subsequent disputes, particularly where property is concerned. Your lawyer will do everything in his power to defuse conflicts and prevent the estate from coming to a standstill.

In the event of disagreement between the heirs, the division of the estate is contentious. The lots are then drawn by lot or sold at auction. The assistance of your lawyer is essential to protect your rights and defend your interests. If one of the heirs refuses to do so, and there is no real reason for his silence, the other heirs may summon him to opt out 4 months after the death. This summons is drawn up by a lawyer and served by a court commissioner. The blocking heir then has 2 months in which to make a decision. If he fails to do so, his silence will be deemed to constitute acceptance of the division.

Conclusion: anticipate and manage conflicts between heirs with your lawyer

By your side, your lawyer seeks to preserve your rights while respecting the common interest. As a specialist in family law and the rules of inheritance, he or she can help you define the actions to be taken in compliance with the applicable legislation. The lawyer encourages dialogue between the parties to the succession in order to preserve family relations.

• In the event of an inheritance, he can help you draw up a will in accordance with the rules.
• He can also intervene in an emerging conflict to calm the situation and reach an amicable settlement by negotiating a solution with the co-heirs.
• He can help you get out of the situation of undivided inheritance as quickly as possible.
• In the event of a major dispute that cannot be resolved through dialogue, your lawyer will advise and assist you in taking legal action to challenge the inheritance in court.

Contact your lawyer specialising in contract lawwithout delay .