Image for Inheritance law

Inheritance law

Another key practice area is inheritance law. Notaries draft wills and contracts of inheritance, advise clients on these documents and handle many legal matters associated with inheritance, such as filing a petition to probate a will and distributing the decedent’s estate.

Though often conveniently overlooked, succession should not be left to chance. If you fail to put your affairs in order before you die, your estate will be distributed based on the existing laws, which often produces less-than-desirable results. If, for example, a deceased husband is survived by his children, his wife requires the children’s consent before she can dispose of the marital assets. If the children are minors, she will also need to ask the family court for permission. Conversely, if the husband dies childless, his estate will pass on not only to his surviving spouse, but also to his parents or siblings.

The best way to avoid unpleasant surprises is by determining the succession yourself in an inheritance contract or a last will and testament. Inheritance law provides a host of options. Ask your notary for details.

Intestate succession
When you inherit
Forced heirship
Estate tax