Inheritance Law and Legal Incapacity - Discover the Facts

Questioner

My brother-in-law recently passed away. The inheritance has been spent. Now it turns out that I, as a sister-in-law, will not inherit anything (my husband, the brother of the deceased, has already passed away). The inheritance goes to my 4 children. Is this correct? Also, one of my children is legally incapacitated and I am his mentor. Would I be allowed to take over the 1/4 share he gets from this inheritance?

Lawyer

It is true that your children will take the place of your deceased husband in the inheritance. The inheritance of the legally incapacitated child will go to that child, but you may manage this inheritance but not 'take over' it. Incidentally, in this case the inheritance must be accepted under the benefit of inventory, I advise you to contact a notary for this.

Questioner

The inheritance has now been drawn up by the notary and has been positively completed, so acceptance under the benefit of inventory is no longer possible?

Lawyer

It all seems a bit strange to me. If there are incapacitated heirs, their legal representatives may only accept the inheritance under the benefit of inventory.

Questioner

To clarify, the brother-in-law who leaves behind the inheritance is also legally incapacitated and has his brother as administrator (another brother of my deceased husband). This brother knows the finances inside out. There has never been any question of debt. The brother lives in an institution and receives contributions from the government. These are more than the costs of the institution. Furthermore, the brother has no possessions. Perhaps that is why acceptance under the benefit of inventory was waived? In any case, I myself have not had any insight or questions about this. The brother handles all matters with the notary.

Lawyer

I advise you to contact the notary and ask for an explanation of the procedure, as the law does not allow for waiving acceptance under the benefit of inventory in such cases.