Family and estate law
Family and estate law is our speciality
Changes in family relationships, such as divorce and the death of a loved one, are exceptionally significant events in a person’s life. This is where a sensitive and skilled lawyer is a valuable asset. We are particularly experienced in family and estate law and can help with matters relating to succession, marital property law and the status of children.
Law of Succession
The law of succession includes matters relating to wills, estate inventory, distribution of an estate and estate taxation.
We have long experience in dealing with both contentious and non-contentious estate law matters. We assist both in the search for an amicable solution and, when necessary, in disputes before the courts.
We provide advice on matters such as estate inventories, division and separation of property after a spouse’s death, estate planning and distribution, inheritance tax and inheritance advance.
Wills, estate inventory and distribution of an estate
A will is a document that allows you to decide how your property, i.e. your estate, is distributed after your death. It is a good idea to plan your will in advance so that the legal effects of various provisions on your heirs’ position can be carefully identified and the will can be drawn up in good time to safeguard your heirs’ position against possible inheritance disputes, for example, or to take account of other similar situations.
As a general rule, the estate inventory must be completed within three months of the death of the deceased. The deed of estate inventory is, first and foremost, a tax document which determines the amount of inheritance tax.
Before the distribution of the estate, division and separation of property after a spouse’s death is made (this is done in the case of a registered partnership or marriage, if the marital rights to property are not excluded in the marriage by a marriage settlement agreement). The division dissolves the marital property relationship between the spouses (deceased and widow) and determines 1) the deceased’s share of the marital property and 2) the property exempt from the marital property regime. This establishes the assets of the deceased which can be distributed to the heirs.
With decades of experience, we assist you in all aspects of estate law.
Marital property law
Marital property law refers to the legal provisions relating to the property and debt relationships of the spouses.
During the marriage, the spouses dominate and control their own property. The property which a spouse has at the time of marriage belongs to him or her, as does the property which he or she receives during the marriage. Each spouse has a marital right to the property of the other. Under it, in the division of property, each spouse receives half of the savings of the spouses’ property, and the spouse with less property is entitled to receive a balance from the spouse with more.
Marital rights to property can be deviated from by drawing up a marriage settlement agreement.
The distribution of property at the end of a marriage is called division. If the spouses do not have a marital right to each other’s property, a separation of property is made instead of a division.
For cohabiting spouses, if they have lived together for at least five years or have or have had a child in common or joint custody, the Act on the Dissolution of the Household of Cohabiting Partners applies to them. Even in the event of the termination of cohabitation, a separation of property may therefore be ordered. The spouse or the heir of the deceased spouse may also apply to the district court for the appointment of an estate distributor for the separation of property. If an estate distributor is appointed, he or she will carry out the separation of property in accordance with the rules on the distribution of estates.