Information about legitimate portion of heirs

Questioner

Good evening, My father passed away a little over a year ago. He was an only child and at the time of his death only his mother was still alive. My grandmother passed away last December. Today I received a message from the executor, who is also a beneficiary of the estate. Since my mother and grandmother had a bad relationship, it was no surprise that my mother and also me and my brother were not in the will. From research I understand that the legitimate portion can also be claimed by grandchildren. Since my father passed away, this amounts to 1/4 of the estate for both me and my brother. So far I understand it and the information I can find is clear. However, I still have a number of questions, the answers to which are difficult to find. Below is a list of questions: Is it wise to have yourself informed by the notary who is handling the estate before claiming the legitimate portion? Do you, as a grandchild who is not included in the inheritance, have the right to inspect the will? Is the request for a legitimate portion always honored? If not, what are the reasons for this? Who decides on the allocation of the legitimate portion? Is it a notary or a judge? Can other heirs (legally) oppose a legitimate portion of a grandchild? If so, what are the most common reasons for this? At what point in the settlement of the legitimate portion is it advisable to engage a lawyer? Is it wise to engage one early on for expert advice, or do you only do so at the stage that there is opposition or disagreement from the heirs? Thanks in advance for your response.

Lawyer

1a If you have been disinherited, you will not become an heir by appealing to the legitimate portion. If the estate has a negative balance, this will at most result in your legitimate portion being nil, but you will not be jointly liable for the debts of the estate. I therefore see no reason to obtain information in advance before appealing to the legitimate portion. 1b Because you are not an heir, you are in principle not entitled to inspect documents, unless they are relevant to the determination of your legitimate claim. Inspecting the will is therefore often limited to the part that relates to the disinheritance. 2 A legitimate heir is always entitled to his legitimate inheritance, there are no grounds for refusal. 3 The notary has no binding authority to determine the legitimate. Parties come to an agreement among themselves and if not, the judge can make a ruling. 4 There are no grounds for refusal. However, discussions may arise about the provision of information and the amount of the legitimate interest. 5 Much of the discussion in this situation is about providing information and determining the amount of the legitimate. If the other party is unwilling to provide information and/or the information is incomplete, it may be wise to engage a qualified lawyer.

Questioner

Dear Wiebren, Thanks for your quick response. It is very enlightening. Now I don't want to anticipate the facts too far, but I am critical of the mutual determination of the legitimate portion. I can well imagine that a claim on the heirs can go wrong with those same heirs. The fact that there is already a legitimate portion and I am not an heir, of course, already indicates that the relationships were not optimal. Should I blindly assume what the executor-settlement administrator tells me in this regard? Which documents should I request/which documents am I entitled to in order to ensure that the determination of the legitimate portion is carried out correctly?

Lawyer

You have the right to all information required to determine your legitimate estate. First of all, this involves determining the size and composition of the estate as of the date of death. The executor must draw up an inventory of the estate, describing the assets and debts. To verify this inventory, you can, for example, request copies of bank statements, invoices, the funeral bill, or a copy of the inheritance tax return. In order to be able to check whether the testatrix made gifts that must be included in the calculation of the legitimate estate, you can also request copies from before the death.

Questioner

Thank you very much!