The right compass to see your inheritance through

1. How do we approach the first consultation with a client who needs to start an inheritance process?

When a client asks us for advice on an inheritance matter, there are different possible scenarios: from people who want to organise their succession for the future, to someone who has been appointed as an heir, to those who want to bring a claim for their inheritance rights or, conversely, who have been sued over an inheritance they have received.

If the client wants advice on how their assets will be distributed after their death, the first thing is to understand their real wishes: to whom, and how, they want to leave their assets and rights. From there, the work is ours.

We explain to the client the different scenarios that may arise once they are gone, and the best way to organise their estate in line with their wishes. To do so, we take into account the succession tools available, the rights of other people that may conflict with the client’s wishes, and the best way to optimise the future tax impact of the inheritance.

If the client has received an inheritance, our main goal is simple: to take the weight off their shoulders and handle every formality ourselves, so that they properly acquire the assets they are entitled to.

2. Why is it important to hire a lawyer with experience in the field?

In our experience, succession law is something that affects everyone directly and inevitably, yet most people know almost nothing about it. People commonly think it is as simple as making a will and naming your heirs.

In reality, succession law is far more complex than that, and it takes a specialist to distribute an estate correctly, taking into account the conflicts of rights and of laws that may arise in the future, and anticipating the tax impact of the arrangements.

3. How long can inheritance proceedings take in court?

As is well known, the courts currently handle an enormous number of cases and are overloaded. An inheritance case therefore takes at least a year from start to finish. That is why it is usually advisable to apply for interim protective measures.

Nor should we forget that an out-of-court agreement can be reached at any time.

4. When does the succession open, and what are the time limits?

Case law holds that the time limit to accept or renounce an inheritance is 30 years. However, for tax purposes it is important to accept the inheritance within six months of the death, as a surcharge applies after that. It is possible to request an extension, but only for a further six months.