By default, a compulsory heir always has the right to a compulsory share. If this right has been disregarded in the will, the claim for the compulsory share must be made in writing to the legatee via a compulsory share claim.
A claim for the reserved portion must be submitted within six months of the heir being informed of the will. The beneficiary of the will must serve notice of the will on the heirs. Notification of the will must be done with proof, and the heir must be given a certified copy of the will. Merely announcing the existence of the will is not sufficient notification. The six-month period for submitting a claim for the reserved portion only begins to run once the will has been properly notified to the heir.
How do you make a legal claim?
It is advisable to make the claim for the forced share either through a bailiff or in another provable manner. The claim for the forced share can also be recorded in the inventory of the estate.
It is also recommended that the claim for a statutory portion be recorded in the document notifying the recipient of the will, meaning that when the will is served on a direct heir, a mention is added that they intend to claim their statutory portion. The recipient of the will must therefore use their own notification form to prove that the notification has taken place. When the claim for a statutory portion is included in the same form, it becomes clear and undisputed through this.
Article drafted by the Advocate Tuula Rainto, Amos Law Firm. You can always call him free of charge on 010 299 5090. You can consult our price list Here.
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