Liquidation-distribution
- Assistance with administrative succession after death
- Legal support in liquidation and distribution
- Advice in both amicable and judicial proceedings
- Quick consultations when questions or ambiguities arise
- Preparation of conclusive and legally valid agreements
- Assistance with conflicts over wills or gifts
- Representation at the family court and notary public
- Solution-oriented approach to promote (partial) agreements
Liquidation-distribution
A death always triggers a whole administrative machine that you, as an heir or descendant, are not always concerned about at the time. An important step is the Liquidation-Division of the estate. After all, the deceased's estate must be divided and the effective distribution of assets is often a delicate matter that people do not face on a daily basis.
Often your most pressing questions or uncertainties can already be clarified in one or more consultations which we can always schedule at short notice. Especially when all heirs are in agreement, the distribution can be finalized within a reasonable period of time with the help of the practical knowledge of our specialists.
Due to the multitude of rules in our legal system, it is no easy task to know whether and how to arrive at a proper distribution. Therefore, it is in your best interest to use the specialized approach and advice of our inheritance lawyers.
But the practical insights of our inheritance lawyers are also particularly useful in case of discussion. Thus, we will be able to guard you from possible mistakes, pull long-running files out of the doldrums and provide you with clear information on the correct distribution of the estate.
Depending on the points of discussion between the parties, two forms of Settlement Distribution can be distinguished.
After a death, a picture will need to be formed about the estate. What are the deceased's assets? What decisions did the deceased make during his lifetime regarding his estate? This picture of the estate as a whole, also called the undivided estate, will then have to form the basis of a distribution between the heirs. After all, the heirs cannot be obliged to remain endlessly part of an undivided estate within which they do not know what they are now receiving and what they are now entitled to. Thus, in order to divide this undivided estate, the procedure of Liquidation-Division will have to be followed.
If all the heirs agree on the size of the estate and can then also agree on a precise distribution, this is called an amicable liquidation and distribution.
Our office can assist you individually or some/all heirs together in the settlement of such amicable liquidation-division. We advise and assist you to ensure that a legally correct and final liquidation distribution can take place.
Once all the heirs subsequently agree on the amicable settlement-division of the estate, this agreement should also be put in writing and validly recorded in a conclusive and final settlement agreement that excludes all possible future discussions.
If no agreement can be found between the heirs on an amicable liquidation distribution or if there are disputes about, for example, wills, gifts, misappropriations, etc., then a judicial liquidation distribution will have to be initiated.
In that case, you can call on our specialized inheritance lawyers to represent your interests and advocate for a correct and proper distribution that takes into account your rights as an heir.
In order to start the judicial liquidation-division, we will have to catch the Family Court, which will then appoint a neutral and impartial notary. This notary will act as the so-called "first judge" and, after hearing all points of view, will form a picture of the entire undivided estate and the subsequent distribution.
If either party subsequently disagrees with the distribution proposed by the notary, the case can be submitted to the court, which will then make a final judgment.
In such proceedings, a solid and specialized framework is indispensable. Our inheritance law specialists are there for you to ensure that your points of view are defended in a correct manner at both the notary and the court.
However, (partial) agreements can still be reached even during the judicial liquidation-division. This often helps to shorten the duration of the liquidation-division and to speed up a solution. From our experience we see it as our task to signal to you where and when we see openings to conclude (partial) agreements.
