Two brothers inherit an apartment. One lives there, pays the utilities and changed the lock. The other wants access or a solution to capitalize on their share. This is just a hypothetical example: in reality, what matters is who has rights over the apartment, what agreements existed and whether exclusive use was accepted or contested. The fact that […]

The division of inheritance is the procedure by which the remaining assets after death are divided among the heirs. If there is an agreement, the division can be made by mutual consent. If there is no agreement, any of the co-owners can request to be removed from the indivisibility and have the division resolved by the court, under the law. What needs to be clarified before the division: First, the assets that are to be divided must be determined […]

Succession and division are different stages in a dispute between heirs. In a dispute between heirs, it must first be determined who has the right to inherit, what assets and debts are included in the succession, and what share each of them receives. Only then can the inheritance division take place, that is, the division of the assets among the heirs. Conflicts regarding the will, the right to inherit, the estate size, or the shares can be resolved by a notary or a […]

If an heir does not appear or contests the assets and shares, you must first see if the succession is still with the notary or if the dispute has reached the court. Physical absence does not automatically mean that the person has given up the inheritance, and a simple misunderstanding does not allow you to divide the assets on your own. When can […]

Not every misunderstanding between heirs justifies the annulment of a will. The matter depends on the specific issue: failure to comply with the legal form, lack of discretion, or a defect of consent can raise the question of validity; the violation of the succession reserve usually has a distinct remedy, the reduction of excessive liberalities. First, check the form of the will. The Civil Code recognizes the holographic will and the authentic will. The holographic will […]