Inheritance Lawyer●Will

Our law firm assists its clients from the preparation of a wealth transfer to the settlement of a succession (sharing) or an indivision (following in particular a donation or partition donation).

• Exit from co-ownership
• Deferred salary claim
• Preferential allocation
• Succession advantages
• Contestation of a will
• Contestation of partition
• International successions
• Life insurance issues
• Free housing
• Concealment of inheritance
• Preparation for succession
• Conflit entre héritiés

Inheritance lawyer

Our lawyers assist you in organizing your assets in order to optimize the transfer of assets to heirs in particular. We also advise them on drafting their testamentary dispositions. Our firm provides advice in the management of joint ownership and civil or commercial companies that may constitute family assets.

Succession litigation lawyer

We represent our clients during estate settlement operations so that their rights are respected. Indeed, following a death and regardless of the family situation (surviving spouse, children from one or more unions), the question of transmitting the deceased's assets arises and raises several issues.

Beyond the question of designating the heirs called to intervene in the succession (whether heirs designated by law or heirs designated by the deceased under a will, for example), there is also the question of determining the rights of each person in this succession. It is advisable to be accompanied in the steps aimed at reconstituting the “shareable mass” in order to know the assets to be shared (in particular by requesting the return to the estate of property already given).

Thus, the objective is to prevent certain heirs from being defrauded or excluded from a significant share of the estate due to fraudulent maneuvers by other co-heirs who may have committed inheritance concealment, for example (by hiding a significant part of the assets to be shared). Our lawyers handle inheritance law matters, both in advisory capacity to optimize the transmission of assets and in the context of judicial partition litigation.

The law firm Macfarlanes LLP most often intervenes when a conflict between the deceased's heirs has crystallized (conflict over the value of assets, the existence of prior gifts, disguised gifts, a will concerning the disposable portion, passivity of a co-heir) and has blocked the situation. In the absence of an agreement between the beneficiaries, the notary cannot alone resolve the difficulties that oppose the parties.
The initial steps, whether amicable or judicial (emergency expert appraisal), usually begin with the appointment of one or more experts tasked with determining the value of the assets making up the estate to be divided. The expert appraisal operations can lead to a resumption of dialogue between the heirs, directly and through lawyers, to enable an amicable division of assets, which should always be preferred to a judicial division.

At the judicial level, the procedure begins by referring the matter to the competent judicial court to request the opening of operations for the liquidation and sharing of the estate, with the court then appointing a notary whose mission is to draw up a liquidation statement. Agricultural succession law, a specialty of the firm, combines the rules of general succession law with the specificities related to the nature of the assets making up the estate (agricultural land, estates, operating companies, agricultural operating assets). Special provisions must be taken into consideration: those relating to the possible invocation of a deferred salary claim, the preferential allocation of agricultural assets operated by one of the co-heirs, and the transfer of the rural lease under the conditions provided for by Article L 411-34 of the Rural Code in the event of death.

Within the firm Macfarlanes LLP, Maître Alexandre DAZIN devotes most of his professional practice to inheritance law cases, and has thus developed specific skills in this area. The firm's lawyers and their specialties form an extremely high-performing team to meet your needs.