Inheritance law

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Field funded

Every year, billions of Euros are bequeathed. Sometimes, heirs feel that they were cheated out of the compulsory portion of the estate, to which they are entitled by law. In other cases, precisely those people stand to inherit the decedent’s assets whom the decedent sought specifically to exclude. Or bequests made during the decedent’s lifetime that reduced the size of the decedent’s estate become a subject of dispute.

Since legal insurance policies typically only cover an initial consultation for matters of inheritance law, and legal aid granted for proceedings does not cover the full financial risk of bringing a suit, more and more claimants are taking advantage of litigation funding in order to assert inheritance claims.

We provide funding for claims having monetary value in the field of inheritance law that arise from:

Shortly before his death, Mr. K.’s uncle appoints his housekeeper and his neighbor as his sole heiresses in his notarized will. Nine days before this will was established, a specialist had determined, within the context of ongoing custodianship proceedings, the uncle’s incapacity to contract. Both the officiating notary as well as the uncle’s GP, however, certified his legal capacity at the time the will was established.

Mr. K. hesitates to assume the risks associated with a bringing a suit and instead has his lawyer inquire with ROLAND ProzessFinanz about the possibility of obtaining litigation funding. ROLAND provides funding for the court proceedings and the specialist reports.

Being an illegitimate daughter, Ms. B. was left out of her father’s will. When, many years later, she learned of her father’s passing, she claims from the heirs the compulsory portion of the estate. The heirs, however, doubt the testator’s paternity and inform her that the legitimate daughter’s claim to the compulsory portion of the estate has already been satisfied and that no double payment would be made.

Ms. B.’s lawyer recommends obtaining litigation funding from ROLAND ProzessFinanz. ROLAND provides funding for the complaint proceedings against the heirs, who serve a third-party notice upon the legitimate daughter. After prevailing before the court of first instance, the heirs disburse the compulsory portion of the estate to Ms. B.

The widow P. was cut out of her husband’s will. The testator’s children, his heirs, pay her the compulsory portion of the estate and claim not to have received any gifts inter vivos. As a matter of fact, the testator transferred various plots of real estate and shareholdings to his children. The widow P. consults her lawyer, who recommends filing a suit und informs her of the financial risk entailed thereby.

The action by stages (Stufenklage), for which ROLAND ProzessFinanz provides the funding, prevails in the disclosure stage, meaning the widow P. is able to have her lawyer estimate the supplements to the compulsory portion of the estate to which she is entitled.

Mrs. M. experiences her “second spring” and marries her true love. Only a few months after the wedding her husband dies suddenly and unexpectedly. The deceased husband’s three children apply for the issuance of an inheritance certificate with the probate court and refer to a will established ten years ago. In it, they are appointed as heirs for a share of one third each.

Mrs. M.’s lawyer recommends challenging the will for failing to account for a person entitled to the compulsory portion of the estate. Due to her deceased husband’s immense wealth, Mrs. M. faces a high financial risk associated with any action that may be brought. The lawyer informs Mrs. M. of the possibility of obtaining litigation funding and brings the case to ROLAND ProzessFinanz. The complaint for which ROLAND provides funding prevails in the first instance. The parties agree on a settlement in the second instance.

Despite a different designation in the will, lawyer H. is appointed as executer of the one-third portion of the inheritance for the testator’s underage son. All three heirs jointly and expressly give their consent vis-à-vis the probate court. Since the estate is at risk of being over-indebted for a number of years and in order to preserve it, H. does not demand compensation for his services. When the son comes of age and completes his vocational training, the execution of the will is concluded and H. prepares his invoice.

Since he finds himself in troubling financial circumstances and the community of heirs refuses to pay any compensation at all, H. turns to ROLAND ProzessFinanz. ROLAND provides funding for an attempt to reach an extrajudicial agreement and for proceedings before a court. After a loss before the court of first instance and prevailing on the merits of the matter before the appellate court, both parties are having the appellate ruling reviewed by the Bundesgerichtshof (BGH, Federal Constitutional Court) in the context of a complaint against denial of leave to appeal.

The testators promised, by contract of inheritance, that they would transfer several items of real estate to their son W. Yet when still alive, the testators transferred said real estate to third parties, and did so at a bargain price. Because of disagreements, W. suspects, his parents’ intention was to deprive him of his inheritance; after both parents have passed, he turns to a lawyer. Since an attempt to reach an extrajudicial settlement proved unsuccessful and because W. is hesitant about assuming the financial risk of going to court, ROLAND ProzessFinanz provides the funding for the complaint proceedings.

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