Will and Estate Inventory
· 2 min read
Significance of the will in the estate inventory
The will is the deceased's last expression of intent regarding the distribution of their property after death. In the estate inventory, the will's existence and content are recorded in the deed, and a copy of the will is attached as an appendix. The will does not change the deed's asset calculation, but it decisively affects who ultimately receives the property in the inheritance distribution. All beneficiaries under the will must be invited to the estate inventory event or notified of it.
Both statutory heirs and beneficiaries under the will are recorded in the deed with their appropriate contact details.
Notification of the will
Pursuant to Chapter 14, Section 4 of the Code of Inheritance, the beneficiary under the will must give notification of the will to each heir individually. Notification is given verifiably, and the will's content must be evident. The six-month contestation period begins from the notification. Notification can be given through a bailiff, by registered letter, or in person in the presence of a witness. Proof of notification must be obtained and attached to the deed.
Forced share and will
Under Chapter 7 of the Code of Inheritance, direct heirs have the right to a forced share, which is half of the legal inheritance portion. A will cannot override the forced share. The forced share claim must be presented verifiably to the beneficiary under the will within six months of the will's notification. If the heir does not claim their forced share within the deadline, the right expires. Property received by the heir through a will or as a gift, as well as advance inheritance, is counted toward the forced share. The forced share calculation is based on the estate's net assets.
Contesting the will
A will contestation action is filed in the district court within six months of the will's notification. Grounds for contestation include formal errors, the testator's lack of legal capacity, and the will having been made under duress or error. A will may be invalid due to formal errors if it was not made in accordance with Chapter 10 of the Code of Inheritance requirements: in writing, signed by the testator, and witnessed by two witnesses. Acceptance of the contestation results in the will being declared invalid in whole or in part.
Interpretation of the will
The starting point for interpreting a will is the testator's intent. According to Chapter 11 of the Code of Inheritance, a will must be interpreted so that the interpretation corresponds to the testator's intent. A universal will gives the beneficiary the right to all property or a share of it. A specific will (legaat) gives the right to specific property, such as a property or a sum of money. A usufructuary will gives the beneficiary the right to use the property without ownership. Will interpretation disputes are ultimately resolved by the court.
Frequently asked questions
How is a will considered in the estate inventory?
The will is a key document in the estate inventory that affects the distribution of the inheritance. The deed records information about the will's existence, and a copy of the will is attached as an appendix. The will does not change the deed's asset calculation, but it affects who receives the inheritance in the distribution. Both statutory heirs and beneficiaries under the will must be reported in the estate inventory. Beneficiaries under the will must be notified of the estate inventory event.
How is notification of the will carried out?
Notification of the will must be given to all statutory heirs individually pursuant to Chapter 14, Section 4 of the Code of Inheritance. Notification is given verifiably, for example through a bailiff or by registered letter. The six-month contestation period begins from the notification. Notification must be given within a reasonable time from the discovery of the will. Failure to give notification does not invalidate the will, but the contestation period does not begin until notification is given.
What is a forced share and can a will override it?
The forced share is the minimum portion of inheritance for a direct heir, i.e., a child or their descendant. The forced share is half of the legal inheritance portion the heir would receive without a will. A will cannot override the forced share — direct heirs always have the right to claim their forced share. The forced share claim must be presented to the beneficiary under the will within six months of the will's notification pursuant to Chapter 7, Section 5 of the Code of Inheritance. If the forced share is not claimed within the deadline, the right expires.
When can a will be contested?
A will can be contested if it has formal deficiencies, the testator was not competent to make a will (e.g., lacked legal capacity), or the will was made under duress, error, or undue influence. The contestation action must be filed in the district court within six months of the will's notification pursuant to Chapter 14, Section 5 of the Code of Inheritance. The contestation action can be filed by an heir who considers the will to infringe upon their rights. After the contestation period expires, the will can no longer be contested.
Can a will be made for property discovered after the estate inventory?
A will is not made after the estate inventory, but if new property is discovered after the estate inventory, a supplementary estate inventory must be conducted within one month of the property's discovery. The supplementary inventory reports the previously unknown property and is conducted in the same manner as the original estate inventory. The will also applies to property reported in the supplementary inventory unless the will indicates otherwise. Failure to conduct the supplementary inventory can lead to the same consequences as failing to conduct the original estate inventory.
Read also
How does a prenuptial agreement affect the estate inventory and partition? Read about the significance of the prenuptial agreement for the surviving spouse and heirs.
What documents are needed for an estate inventory? A comprehensive list: family records, civil registry certificates, will, bank statements, and property documents.
How is inheritance tax determined based on the estate inventory? Tax classes, exempt portions, tax tables, and deductions clearly explained.