Probate Disputes: an overview of opportunities and challenges
Articles
Legal
Inheritance / Succession
Litigation / Arbitration
Achieving the best possible outcome with a strong litigation team.
Mirjam Arnold
Senior Legal Associate
Alexandra Geiger
Legal Counsel
Estate administration and division often involves more than just the distribution of the assets – it regularly entails profound emotional and legal disputes. Especially when the interests of the parties involved diverge, probate litigation can be the way to reach a final settlement. However, as with any legal proceedings, there are special features that must be considered in inheritance and estate proceedings:
Neutrality and impartiality: the court acts as an independent authority that assesses disputes objectively, without emotion and in compliance with the applicable legal provisions.
Legal certainty and final clarification: the court ruling settles the dispute once and for all. The legal force of a court decision creates clarity and is binding for all parties involved, thereby preventing future disputes.
However, in inheritance law, there are special features to be observed in connection with the invalidation of testamentary dispositions: any last will is valid if it is not contested. If a last will is to be declared invalid, this cannot be done in an out-of-court agreement, regardless of whether it is obviously invalid (e.g., because it was not drawn up in the correct form). Pursuant to the pertinent case law, a court ruling is mandatory, meaning that at least conciliation proceedings must be initiated.
Inter partes effect: the term “inter partes effect” describes the direct effect that a court judgment has on third parties who are not involved in the proceedings. This is particularly important in the context of actions to invalidate a will. Such a judgment only has effect for the parties involved in the proceedings, but not for (co-)heirs, beneficiaries or other individuals involved in the inheritance.
Joint litigation: if an heir/beneficiary wishes to obtain the division of the estate through legal proceedings, all heirs/beneficiaries must be included in the proceedings. This means that all co-heirs who wish and who do not wish to sue for division of the estate must be included in the proceedings. In inheritance proceedings, it is therefore common for several heirs to pool their interests – or for diverging interests within a community of heirs to clash. By joining forces, heirs can assert their claims more effectively in the proceedings and strengthen each other's position. However, differing views within a group of co-litigants can also complicate the proceedings and lead to lengthy discussions, as not all parties always pursue the same objectives.
Long and complicated legal claims: inheritance proceedings are characterized by extensive and complex legal claims. Disputes such as calculations of inheritance shares and shares of forced heirship takers (equalization/hotchpot and claw-backs), challenges to last wills, or the interpretation of estate division instructions lead to enormous procedural complexity. It should also be noted that in the case of married testators, the inheritance division is preceded by a matrimonial property division and/or the heirs may need to additionally lodge information claims by means of procedural law instruments.
High costs, long duration, and psychological stress: The financial and time burdens associated with each court proceeding should not be underestimated: Court costs, lawyers' fees, and any interest incurred can quickly add up and become a considerable financial burden. The parties often underestimate the emotional and psychological strain that a probate lawsuit entails. Families who must divide an estate in court often end up falling apart.
Our litigation team – your partner in probate litigation
At MME, we understand the complexity and challenges that probate litigation can entail. Our specialized litigation team has many years of experience and in-depth expertise in inheritance law. We support our clients from the initial consultation to the final judgment and develop tailor-made strategies.
Our experts know how to analyze complicated legal claims precisely and represent them in court with well-founded arguments – always with the aim of keeping financial burdens and the duration of proceedings to a minimum. We attach great importance to transparency and personal support so that you as a client are well informed and secure at every stage of the process.
Probate lawsuits are a double-edged sword: they offer the chance of definitive legal clarity and the protection of individual rights, but also pose considerable challenges such as lengthy proceedings, high costs, and complex procedural structures. With a strong partner at your side, these challenges can be better overcome and your interests effectively enforced.
Whether you are currently involved in an inheritance dispute or probate matter or wish to secure your legal position as a preventive measure, we are here to assist you with expertise and commitment. Contact us to find out how we can work together to achieve success.
