My father cut me out of his will: can I do anything?
Yes, if you are a protected heir — a child, spouse or, where there are no children, a parent. The law reserves you a share a will cannot touch. Where it has been eaten into, a claim for reduction reopens what was given to others. The first step is reconstructing the estate, including lifetime gifts.
What share does the law reserve to a spouse and children?
It depends how many of you there are. With one child, spouse and child each have a third as a reserved share; with more children the proportions change. The spouse is also entitled to live in the family home. These calculations are made on the reconstructed estate, not on what happens to be in the account the next day.
Should I accept the inheritance with the benefit of inventory?
Where you don't know whether there are debts, almost always yes. The benefit of inventory keeps your assets separate from those inherited: you answer for debts only up to the value of what you receive. It has a procedure and deadlines, and must be done before taking steps that count as implied acceptance.
Can I renounce an inheritance full of debts?
Yes. Renunciation is made by declaration before a notary or the court registrar, and takes effect retrospectively: it is as if you had never been an heir. Be careful not to take steps first that count as acceptance — selling something, using the accounts — because after that there is no going back.
We can't agree on how to divide: what happens?
A judge decides, through judicial division. The difficulty arises with assets that cannot be split — a house, a business: if nobody can buy the others out, it ends in a sale, almost always at less than market value. That is why an agreement is worth attempting even when relations are at their worst.
Is a handwritten will valid?
Yes, if it is written entirely in the testator's own hand, dated and signed. Miss one of those three and it becomes open to challenge. It is the simplest form and the most fragile: a doubt about the handwriting or the capacity of the person who wrote it is enough to start litigation. A public will costs more and holds up far better.
Do lifetime gifts count towards the inheritance?
Yes, and this is what surprises almost everyone. Gifts are notionally added back to the estate in order to calculate shares: someone who already received a great deal during the deceased's life may be treated as satisfied and entitled to nothing further. It is why a succession must be examined years back, not just at the date of death.
The deceased had assets abroad: does that change things?
Yes, and it is worth looking at straight away. The European succession regulation identifies a single applicable law, as a rule that of the last habitual residence, though you may choose the law of your nationality by declaring it in advance. Assets outside the Union follow different rules again: we handle cases of this kind.