A succession lawyer's service helps sort out inheritance matters

An inheritance matter is rarely urgent only because of the paperwork. Following a death, one must simultaneously cope with the loss of a loved one, the fate of the estate, possible debts and the differing expectations of family members. The service of an inheritance lawyer helps to gain a clear picture in this situation: who may inherit, which deadlines apply, what must be done at the notary's office, and whether the distribution of the estate requires an agreement or dispute resolution.

In matters of inheritance, it is unwise to proceed on the assumption that everything will automatically work out correctly. The existence of a will, the matrimonial property regime of spouses, prior gift agreements, a shareholding in a company, real estate or the deceased's liabilities can turn an apparently simple situation into a complex one. We will listen to your situation, explain the options in plain terms and help you take the next well-reasoned step.

When is the service of an inheritance lawyer needed?

You may consult a lawyer immediately after the death of a loved one, but assistance is equally necessary if probate proceedings have already commenced or a certificate of succession has already been issued. The sooner the circumstances are reviewed, the lower the risk that an important deadline is overlooked or that heirs make decisions on the basis of incomplete information.

People frequently need advice when they do not know whether the deceased left a will or an inheritance contract. Another common question concerns the circle of heirs: who inherits — the spouse, a child, a grandchild, a cohabiting partner or a more distant relative — and in what shares. A cohabiting partner is not a statutory heir by virtue of cohabitation alone. It may also be necessary to assess whether the content of a will meets the requirements of the law and whether there are grounds to contest it.

The assistance of an inheritance lawyer is also practical in situations where the estate includes a flat, a house, land, a bank account, a vehicle, a shareholding in a company or valuable items. Such assets cannot always be straightforwardly divided equally among several heirs. One heir may wish to keep the real property, another may want monetary compensation, and a third may wish to sell the asset. A sound agreement must take into account both the actual value of the assets and payments, taxes and future obligations.

An estate that may be accompanied by debts requires particular attention. A loan agreement, unpaid invoices, a tax debt or a guarantee do not necessarily disappear upon the death of the deceased. Before using the assets or concluding a distribution arrangement among the heirs, the composition of the estate must be established and consideration given to whether an inventory of the estate is necessary. This is an area where a single ill-considered decision may later give rise to an unpleasant financial dispute.

The opening of succession: what should be checked first?

Succession opens upon the death of the deceased. In Estonia, probate proceedings are administered by a notary, who, after initiating the proceedings, makes the necessary inquiries and establishes the persons entitled to inherit. The notary's proceedings are central, but the notary does not represent the interests of any individual heir nor resolve substantive disputes between the parties. If positions diverge, it is advisable for an heir to obtain legal advice tailored to their own situation.

During the initial consultation, it is useful to compile as accurate an overview as possible. It would be helpful to know the deceased's last place of residence, the date of death, close family members, known assets and liabilities, and whether a will, an inheritance contract or prior agreements concerning assets exist. If the documents are not immediately to hand, this does not prevent you from seeking advice. It is important to distinguish confirmed information from assumptions circulating within the family.

It is possible to renounce an estate in the manner prescribed by law, but a deadline applies to this. As a general rule, a declaration of renunciation must be submitted within three months from the time the heir became aware, or ought to have become aware, of the death of the deceased and of their right of succession. The expiry of the deadline may give rise to a consequence that can no longer easily be undone. For this reason, the question of renunciation, acceptance or use of estate assets should not be postponed merely because the family has not yet reached an agreement among themselves.

Wills, the compulsory portion and the rights of heirs

A will gives a person the opportunity to decide to whom their assets will pass after their death. However, not every document on which a wish regarding the distribution of assets has been written is necessarily a valid will. Formal requirements, testamentary capacity, subsequent amendments and possible undue influence at the time the will was made may all be of decisive importance.

Disputes frequently arise in situations where one family member received a substantial gift from the deceased during their lifetime, or where a will excludes someone close. In some cases, a claim to a compulsory portion may come into consideration. Assessing this requires an examination of maintenance relationships, the deceased's actual intentions, the circumstances of any gifts and the value of the estate. A simple rule such as "a child always receives half" rarely yields the correct answer in real life.

If a will appears suspicious, this does not automatically mean that it can be successfully set aside. It is necessary to analyse the evidence: when and how the document was drawn up, whether the deceased understood its content, who was present and whether earlier wills exist. A lawyer can help assess whether court proceedings have a substantive basis or whether it would be more prudent to seek an agreement among the heirs.

Distribution of the estate after the certificate of succession

A certificate of succession confirms who has a right of succession and in what notional share. This does not yet mean that specific items or shares of real property have been distributed among the heirs. If there are several heirs, the estate belongs to them jointly until distribution takes place.

The most amicable solution is an agreement on the distribution of the estate. For example, one heir may receive a flat and undertake to pay the other heirs an agreed sum of compensation. In another situation, it may be sensible to sell the assets and divide the proceeds. The content of an agreement depends on the value of the assets, the heirs' financial means and whether anyone actually wishes to use or retain the assets.

An agreement must be sufficiently precise. Unclear wording regarding the amount of compensation, the time of payment, the allocation of costs or the possession of real property may lead to a new dispute. In the case of immovable property and other registered rights, formal requirements must also be observed. It is therefore worth verifying, before signing, that the document accurately reflects the heirs' actual agreement and that it can be given effect.

If no agreement is reached, no one is obliged to remain a co-owner or joint heir indefinitely. Distribution of the estate can be demanded and, in certain cases, the matter must be resolved in court. Court proceedings may be necessary, but they require time, evidence and expense. Before filing a claim, it is prudent to assess the value of the assets, the opposing party's position and whether there remains a realistic scope for negotiation.

What does an inheritance lawyer actually do in an estate matter?

The work of an inheritance lawyer is not limited to restating the provisions of the law. The aim is to translate your situation into a plan of action. This may mean an initial analysis of the heirs' rights, a review of documents, the preparation of an application to be submitted to the notary, the preparation of an estate distribution agreement, or the drafting of a response to a claim by another heir.

In the event of a dispute, the lawyer helps to gather evidence, formulate claims and conduct negotiations. If recourse to court is warranted, procedural documents are prepared and you are represented in the proceedings to the agreed extent. That said, court proceedings are not an end in themselves. Sometimes the best outcome is a well-considered agreement that saves time, money and family relationships. At other times, it is necessary to act firmly and formally to protect one's rights.

Eurocity Law Office assists in resolving inheritance matters throughout Estonia, including by telephone, e-mail and video conference. Before commencing work, we agree on the scope of the task and the basis of the fee, so that you know what assistance you are receiving and what you are paying for. An initial consultation of up to 15 minutes often helps to clarify whether the situation requires prompt action and which documents should be gathered.

How to prepare for the first consultation?

The first consultation is more effective if you bring along or send the documents you have available. Useful documents include the death certificate or known details concerning the death, a will or inheritance contract, correspondence from the notary, real property and vehicle documents, loan or debt notices, and correspondence between the heirs. Even an incomplete set of documents is better than an account given from memory alone.

Before the meeting, write down what outcome you are seeking. Do you wish to know your share of the inheritance, to renounce the estate, to preserve the family home, to receive fair compensation, or to put a stop to another heir's unilateral actions? A clear objective helps to assess which solution is legally possible and economically sensible.

Inheritance matters rarely become simpler with the passage of time. If there are unresolved questions in an estate, it is worth discussing them calmly before a deadline, the sale of assets or a family dispute begins to limit your options.