The death of one or both parents brings up disagreements in some families. It can indeed rekindle resentments in a sibling, and the succession does not always go as planned. However, regardless of the nature of your disagreements, you need to find a solution to defuse the situation.
The leading causes of disagreement between heirs
After the death of a parent, various types of disputes can arise between brothers and sisters. These disputes slow down the succession process. Indeed, it can happen that one of the heirs opposes the signature of the notarial deeds because he does not approve the valuation of the goods. Moreover, no dialogue can take place as long as he refuses to respond to the solicitations of the notary or the co-heirs.
In addition, the management of a property can sometimes be complex. Indeed, real estate is often a source of disagreement, as siblings often cannot agree on certain points. Will they keep the family home and do maintenance or renovation work? Or will they sell it, but at what price?
Inequality between heirs is another source of dispute. Indeed, it happens that a member of a sibling in need is favored by the parents more than the others, including the possibility of the provision of cash, a house, or other manual gifts.
As a result, a co-heir sometimes feels that they are the victim of excessive inequality that exceeds the available share and thus infringes on their hereditary reserve. Therefore, the will drawn up in favor of this advantaged heir can be contested after the parents’ death for the insanity of mind.
It is also possible that the co-heir could win the case if the testator was not in full possession of his means when the will was made. This could be because of illness, weakness, or physical and/or psychological incapacity.
Why can there be an estate freeze?
Following on from the above, the dispute between the heirs may arise from a difference of opinion as to the validity of the will or the previous valuation of the donations. In addition, other cases with very strong disputes may also arise. Sometimes one of the heirs decides to block the succession for no particular reason.
With all these hypotheses, it sometimes happens that the notary in charge of the estate cannot proceed with the settlement of the estate. Thus, he will have to establish the existence of a dispute.
In the event of a conflict within the framework of succession, the process is said to be stopped if the notary in charge of the succession cannot amicably resolve the difficulties and disputes between the heirs. The heir who wants to advance the inheritance file must then call upon a lawyer.
Procedure for the settlement of blocked estates
For the settlement of such disputes, it is advisable to call upon a lawyer in charge of inheritance tax. Indeed, the lawyer in charge of all disputes related to the estate must refer the matter to the competent court and, if necessary, have the judge appoint a judicial expert.
The judge of the competent court will then decide all the disputes concerning the estate. They will study the fate of previous donations, the validity of the will, and other elements that may constitute concealment of inheritance. However, these procedures can take time, which is why an amicable solution through conciliation or mediation is always sought. This is also the case after the start of the legal proceedings.
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