Right to inspect annual reports of deceased father?


Questioner

My father had a company together with my brother. My father recently passed away. The accountant they had together now logically has a very large role in the settlement of the inheritance. But this accountant is also my brother's accountant and is not impartial. My other brother and sister do not feel comfortable with that. Can we involve a second independent accountant? There has also been an imbalance in the company's assets during the years that my father was ill. We would therefore also like to see the latest annual reports to see how this came about. Are we, as surviving relatives, entitled to that?

Lawyer

I assume that you are all heirs, according to your father's will and, if that is not the case, according to the law. If you are all heirs, you are part of a (hereditary) community. The co-owners in that community must behave towards each other in a reasonable and fair manner. This also includes that you all have access to the legal transactions that your father performed and to the relationship that your father had with the son with whom he worked. Then you are also entitled to access the annual reports of the company in which your father was involved and of course you may involve an expert in this. If this would cause any difficulties, I would be happy to help you.

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