But in some cases of succession, a lawyer is necessary
The use of a lawyer in the context of a succession is required if there is a conflict between the heirsThe role of the lawyer in law of succession will be to advise his or her client, to find a common ground between the heirs and to defend his client in the case of a sharing procedure of the judiciary. A priori, the professional, the better able to treat of the business of succession is the notary.
It is he who is in the main title of the drafting of acts and other steps are required in the case of succession.
This is the case, for example, when there was a conflict between the heirs. The role of the advocate will be to attempt conciliation or to defend his client in the case of a contentious procedure. A lawyer can advise you on the modalities of refusal of the inheritance. It will tell you what steps to undertake, the time-frame you have, etc, Other example: many of you are heirs and you believe you have been wronged in the sharing of the inheritance. The use of a lawyer can be crucial to prevent conflict and find an amicable solution. One could cite other examples of succession was problematic, as for example in the case of joint ownership, when the heirs do not agree on the fate of the property (the share. sell it.) The lawyer will play, in succession, a role of conciliation. If conciliation is impossible, and that a judicial procedure is initiated, the lawyer's mission will be to defend his client. It may be useful to call upon them to better understand the issues of the succession, and, in particular, the tax rules are very complex, which apply to estates. Lawyers competent in matters of succession may also be clients of the legatees themselves, in the case where the succession took place of their living. Its functions will be mainly advisory: the lawyer assists the beneficiary to organise the transmission of its heritage (matrimonial property regime, tax, testament, etc). It is advisable to call in a lawyer who is competent in matters of succession BEFORE the death of the legatee. The fact, for the legatee, to consult a lawyer before his death is the best way to avoid potential conflicts in the future.
It is also the best way to ensure that the last wishes of the legatee, are properly met.
The use of a lawyer is mandatory in the event of a conflict insoluble. The role of the advocate will then apply to the Court of grande instance to request the sharing of the judiciary and to defend the interests of his client. Of course, this legal procedure will be preceded by a conciliation attempt.
The lawyers know perfectly the law of succession
It is also strongly advised, in the case of a latent conflict, take the advice of a lawyer, whether or not specialised in inheritance law, to examine all means of possible conciliation. Estates can tear families, prevent conflicts is therefore essential. To find the right lawyer, you have to be careful that it is competent in matters of succession. He must have already treated of the affairs of an estate or well-being specialized in estates (but not necessarily). Preferably, choose a lawyer who has a good experience and seniority, which is available to listen to your needs, who knows how to explain the ins and outs in a clear manner. The location is an important criterion Choose a lawyer close enough geographically, this will save you travel costs unnecessary. The choice of the lawyer in law of succession must also be made from the fees charged. The fees must be reasonable (or even lower). The rates of the lawyers are not regulated.
These are the lawyers who, freely, to set their fees.
These fees can vary greatly from one lawyer to another: from euros to a thousand euros per hour. The reasonable rate for a lawyer in law of succession is of two hundred euro (- sixty euros) per hour. If you do not have the means to pay a lawyer competent in estate law, please be aware that you may be entitled to legal aid. For more information on legal aid, read the worksheet"legal Assistance". Jurifiable of reliable legal advice and immediate. Find lawyers on measurement, compare their quotations.
