The distribution of an inheritance does not always go as expected, and sometimes one of the partners in the estate discovers a mistake in a distribution that has already been made. In such situations, the partners have the possibility to ask for the distribution to be annulled or corrected by bringing an action for annulment in court.
The grounds on which and the circumstances in which the distribution of the estate can be challenged depend on whether the distribution was made between the partners as a so-called contractual distribution or whether the distribution was made by the estate distributor. I will now look at the different situations in which the division of an estate can be challenged.
Conditions for contesting the division of an estate
There are two main types of errors in the distribution of inheritances: formal errors and errors of substance. A formal error means that the form of the distribution has not been followed as required by law - for example, if the deceased's succession record is not in writing at all. A substantive error relates to the content of the distribution, such as an incorrect interpretation of the will or an incorrect valuation of the estate's assets.
In the distribution of successions, the partners have a wide freedom of contract. If the parties have agreed on the distribution of the succession as they wish, it is generally not possible to challenge it on substantive grounds. In such cases, the use of a complaint is limited to formal defects, but in order to be successful in court, the formal defect must also have led to a substantively defective result. In order to respect freedom of contract, the legislator has limited the right of action to such formal defects. In certain situations, however, the parties may also rely on substantive defects under the general rules of nullity in the law of obligations, such as defamation and lack of dignity.
If the distribution of the estate was carried out by the executor, a complaint can be made on the basis of both substantive and formal errors. This is because the partners have less influence on the distribution made by the administrator. However, a substantive error may be more difficult to prove if the parties have reached an agreement on the content of the distribution despite the divisor's intervention. Even then, a plea of nullity is in practice only possible under the law of actions.
A complaint must be lodged within a specified time limit
If a shareholder wishes to challenge the distribution of the succession on the grounds of a formal or substantive error, the complaint must be lodged within six months of the date of the distribution. The distribution is therefore not automatically invalid because of the error, but the shareholder must take active steps to have it declared invalid. If the action for annulment is not brought within the six-month time limit, the shareholder loses the right to plead error and the distribution becomes final.
The deed of distribution may also be accompanied by a declaration of acceptance by the partners, in which the partners undertake to accept the distribution before the expiry of the time limit for the right of representation. Although such a clause does not completely prevent a challenge, it makes it more difficult to successfully challenge the distribution.
Finally
It is possible to challenge the distribution of an inheritance in certain situations, but this requires a careful assessment of whether the error is one of form or substance. There is a time limit for bringing an action and the parties should act promptly if they discover errors in the distribution of the succession.
Article written by a lawyer Santeri Valkamo. You can always call him free of charge on 010 299 5090. You can check our price list Here.
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Rectification of the distribution of an estate
Division of inheritance and disputes between partners
Inheritance Register