Specialist Solicitor for Inheritance Law

Bequeathing

Everyone who is considering how to formulate their will asks the following question. Who do I want to bequeath something to and what do I want to bequeath to them? This simple issue gives rise to more questions, such as how many people are to be remembered in the last will and testament. Just one’s own children and partner? Or are friends and acquaintances or organisations who are to receive funding for their charity work also possibly to be included? If children or the marital partner are to be excluded from the inheritance, the matter of compulsory share entitlements and how these entitlements are to be dealt with appropriately then arises. Whether certain items are to be transferred as a legacy or as a preferential legacy must also be addressed.

Inheriting

Totally different considerations are important for the heirs. The first question usually concerns the correct value of the share of the estate. This involves issues related to the distribution of the estate as well as whether items or entitlements are part of the estate. If, for example, gifts were made by the testator prior to their death, these gifts may increase the value of the inheritance. In the event that a person is entitled to a compulsory share, one must determine what the value of the compulsory share is and whether there are any rights to augmentation of the compulsory share. If the testator had legacies to dispose of, one must clarify how they are to be transferred and what effect a legacy has on a person’s own share of the inheritance.

In the case that the testator has named one or more executors in his/her will, or has instructed that an executor is to be appointed by the probate court, to be responsible for ensuring that the provisions in the will are carried out, questions arise concerning the outcome of the execution of the will and the interaction of the heirs and the executor of the will. In some cases, whether an inheritance should be accepted or refused is of relevance.