Mediation
Estate mediation
Problems with the division of an inheritance
Settling an estate does not always run smoothly. Heirs may disagree about the division of assets or the value of the inheritance. Sometimes someone refuses to cooperate in the division, a dispute arises about missing or concealed assets, or a child who was not acknowledged lays claim to part of the estate. Such situations can lead to tension and long-running conflicts within the family.
Fortunately, there are various ways to reach a solution without it immediately having to come to a court case.
Family auction: dividing fairly and transparently
A family auction can be a practical and often also lighthearted way to divide the household contents. The assets of the estate are divided by means of a kind of internal auction among the heirs. Every heir gets an equal chance to obtain valuable items, often by drawing lots or using a division system agreed in advance.
If one heir ends up receiving more valuable items than another, this can be settled financially between them. This makes the division transparent and prevents disputes afterwards.
Mediation by the notary
When heirs cannot reach agreement among themselves, the notary can act as a neutral party. The notary tries to reach agreements together and guides the conversation between everyone involved.
If agreement turns out not to be possible, the notary carefully records the positions and points of dispute. This can be of great value in legal proceedings, because it makes clear where the differences of opinion lie. Involving a notary often helps to prevent escalation and family conflicts.
Mediation: finding a solution together
Mediation is a form of guidance in which heirs, led by an independent mediator, look for a solution together. This only works when all parties are willing to keep talking to each other.
The aim is to make agreements together that are acceptable to everyone. When agreement is reached, these agreements are binding. Mediation can thus be a valuable way to arrive at a final division in a respectful manner.
Reaching a solution together
Conflicts surrounding an inheritance are often emotional and complex. By calling in professional help in good time, such as a notary or mediator, misunderstandings can be prevented and the estate can be divided in a careful and balanced way.
What else can we do for you?
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Divorce
Separating well is something you do together. -
Parenting plan
Recording how you will divide the care and upbringing of your children after the separation.
Frequently asked questions
It is not uncommon for heirs to disagree about the division of the estate. Sometimes one of the heirs refuses to cooperate in the division. Or an unrecognised child claims a share of the estate. Or there is distrust, for example if heirs think something has disappeared from the estate. You can then consider the following options.
Family auction
A family auction is a simple, inexpensive and often pleasant way to divide the household contents. Each heir then draws lots at the notary's office. Has one person received more valuable items than another during the auction? Then you can offset this.
Mediation by the notary
The notary tries to reach agreement with all the heirs. If that fails and differences of opinion remain, the notary puts the points of dispute on paper. This helps in any legal proceedings. Involve a notary in the distribution. They can prevent family disputes.
Mediation
In mediation, the heirs look for a solution together with a mediator. A condition is that the heirs are still talking to each other. They must be willing to sit down together. The final solution is binding.
Because the notary has to be involved anyway for the division of the house and/or the division of the shares in the BV, a notary-mediator (Mfn or VMN) specialised in divorces is often chosen. This notary-mediator is absolutely impartial and is not only specialised in divorce law, maintenance and pensions, but has also learned to deal with the often intense emotions involved in a divorce. The notary-mediator can also draw up a parenting plan and, in that case, give attention to the problems that may arise for the children.
An advantage is that any amendment of the wills can be arranged immediately if desired.
In the first meeting with the mediator, attention is paid to your personal situation and the background of the divorce. An inventory is also made of the matters on which agreements need to be made. And if there are things that urgently need to be arranged (for example housing, contribution to costs), work on these can start straight away.
Once agreements have been made on all topics (housing, spousal maintenance, division of assets, care and child maintenance, and pension), they are set out in a settlement agreement. The notary-mediator will draw up a notarial deed of this. The advantage is that the deed is binding evidence. In addition, with a notarial deed the financial agreements can be enforced directly by a bailiff, without the involvement of a judge or lawyer, in case these agreements are not complied with.
