Our Expertise: Wills and Estates

Wills and estate issues very often lead to conflict. And yet they don’t frequently occur in a person’s lifetime. As a result, most people aren’t sufficiently prepared when questions surrounding wills and estates arise. This is when a lawyer is required.

Although many people try to handle wills and estates on their own, this often just makes things worse. Mistakes occur due to lack of information–mistakes that can potentially lead to claims in civil responsibility. Furthermore, personal relationships get strained, suspicions grow, and trust disintegrates due to simple carelessness. In other words, when it comes to inheritance, it’s wise to learn before acting.

Successions

Challenge a will

A will must meet certain legal requirements. Above all, it should faithfully represent the testator’s last wishes. Therefore, one can contest a will if the testator was incapacitated at the time of signature. If the will was signed under manipulation or undue influence, it is contestable too.

Remove a liquidator

The liquidator is obliged to administer the estate until it is transferred to the heirs. You can contest a liquidator’s nomination or require his removal. Particularly, if he does not perform his duties with prudence, diligence, honesty and loyalty. Another reason is a conflict of interest.

Rights of the liquidator

The liquidation of estates is an administratively complicated task. The liquidator must identify and locate the heirs, open a bank account for the estate, identify and pay the debts of the deceased person. He or she should also make an inventory of the property and produce tax declarations. Our lawyers can guide and advise you through all these steps.

Estate settlement

Liquidators have many obligations, including making an inventory, rendering accounts, probating the will, paying taxes for the estate, and distributing property among the heirs.
Our experienced lawyers can free up your time, avoid considerable stress, and ensure that everything is done according to the applicable legal rules.

Rights of the Elderly

Probate a protection mandate (in case of incapacity)

A protection mandate (in case of incapacity) allows to name somebody in advance to look after you if you become incapable of doing so on your own. This includes your well-being, protecting your rights, and administering your property Certainly, such a mandate requires probation in Court to become valid. Without probation your mandatary would not be granted the powers necessary. Our lawyers can help you with all the required steps in probating a mandate.

Institute protective supervision of a person of full age

Protective supervision of a person of full age can be instituted under two conditions. Firstly, a person becomes incapable of taking care of himself and administering his property. Secondly, he has not made a mandate in case of incapacity. In short, there are three protection regimes, reflecting the levels of incapacity: curatorship, tutorship, and an adviser to a person of full age. Our lawyers can help you choose the appropriate regime and institute all necessary steps.

Contest a protection mandate (in case of incapacity)

A mandate in case of incapacity allows to name somebody in advance to look after you if you become incapable of doing so on your own. This includes your well-being, protecting your rights, and administering your property. Of course, such a mandate requires probation in Court to be valid. Without probation your mandatary would not be granted the powers necessary. Our lawyers can help you with all the required steps in probating a mandate.


Remove a mandatary from office

The person named in a protection mandate to look after the well-being of an incapacitated person and their property is called a mandatary. It is possible to have a mandatary removed if he or she doesn’t properly fulfil their duties. One can also remove a mandatary for administering the incapacitated person’s property without diligence and honesty.