Cases of Inheritance

“Good Hamlet, cast thy nighted colour off,

And let thine eye look like a friend on Denmark.

Do not for ever with thy vailèd lids

Seek for thy noble father in the dust:

Thou know'st 'tis common; all that lives must die,

Passing through nature to eternity.”

 

The quotation above is taken from Shakespeare’s Hamlet and depicts very well the recurrent nature of birth and death. Such events have certain legal aspects, especially from the field of inheritance law. We have a broad array of expertise in conducting these matters.

 

The bequest of the deceased passes to the heir(s) by law at the moment of his/her death. The declaration of this by law is defined at a later date, as part of the probate proceeding conducted by the competent civil law notary.

 

Inheritance has a strict form of proceeding regulated by law the testator may divert from by drawing up a will. As there are special rules applicable to wills, it is advised to ask for legal advice if someone wants to make one.

 

The testator may dispose of his property as a gratuitous donation or in exchange for, most typically, support. The latter case means the conclusion of a contract of inheritance by which the heir(s) shall be entitled to receive the property only upon the death of the testator.

 

The contract of maintenance for life does not fall within the scope of inheritance, still, we need to discuss it here:

 

If someone decides to enter into a contract of maintenance for life, he/she as beneficiary shall provide the same services as in case of a contract of inheritance: is obliged to support and attend to the testator in every sense. In case of illness, the beneficiary is to make sure the testator receives adequate medical care, and, after the testator’s death, it is the beneficiary’s duty to arrange the funeral. However, in terms of a contract of maintenance for life, the property of the testator shall pass to the beneficiary on the close of the contract.