Consultation

Consultation, also known as collaborative practice, is a new way of resolving disputes in inheritance cases.

 

What does such a process of consultation look like?

 

STEP 1: Putting together a team

The team is formed. The participants appoint their own consultation lawyer. Multiple participants may be represented by the same lawyer. These participants – the children of the deceased, for example – share the same interests. If necessary, the lawyers discuss the need for a coach with the participants. The coach supervises the process and conversations. Often times, this coach is a psychologist. The lawyers prepare each conversation with their clients. The lawyers and the coach also discuss the case. Other experts may be required. Consider, for example, a financial advisor or a tax advisor. The need for additional expertise will be discussed with the ex-partners and appointed accordingly.

STEP 2: Initial meeting

During the initial meeting we discuss the rules of the game, so that they are clear for everyone. These guidelines are laid out in the participants agreement. The process begins after the agreement has been discussed and signed by the participants and the lawyers. As well as any coaches or other specialists involved. We decide which topics need to be discussed and look for a solution for urgent issues. We then make arrangements for how to work from here.

STEP 3: Working on communication

We work on mutual communication; what is actually the core problem? Is there old pain getting in the way that needs to be addressed?

STEP 4: Collecting information

Relevant data and information is collected and shared. This is necessary to continue with the process. Participants negotiate each problem that requires a solution. Then they reach agreements.

STEP 5: Reaching agreements

The lawyers confirm the agreements in a settlement agreement. Once everyone agrees on the content, the participants sign the agreement.

STEP 6: Executing agreements

The participants carry out the agreements, such as arranging the estate and distributing belongings as discussed.

The advantages

A consultation case or collaborative procedure can be initiated in the following circumstances:

1. Court proceedings are going to be difficult and lengthy. The case is complicated because the situation or the relationship is complex.

2. The relationship between partners is very tense. It is better that each has his or her own lawyer. The lawyers guides, coaches and supports their clients in finding a solution.

3. The parties involved have different knowledge or come from a different background. When, for example, one person knows all there is to know about the assets and the other knows very little. The lawyers ensure that everyone has access to the same knowledge. This is a difference between consultation separation and mediation. Mediation brings parties to the table without their own lawyers.

What can I do myself?

Request information from Uiteen regarding the consultation process. Read the information and the draft participant agreement. Inform everyone involved that you are considering a consultation process and send them the information. This way they can read up on what such a process entails. In the meantime, contact Martine Stut from Uiteen. Martine is the inheritance lawyer of our firm. She would be happy to provide you with more information. All those involved are welcome to contact her with any questions. She can also refer them to other suitable consultation lawyers.

Er is iemand in uw omgeving overleden? Probeer zelf uit te zoeken of u erfgenaam bent. Als er een testament is, staat dat erin. Zo kunt u een testament bekijken:
1. Regel een kopie van de overlijdensakte. Dit kan bijvoorbeeld bij de uitvaartondernemer. Lukt dat niet? Vraag dan de akte op bij de gemeente waar de overledene woonde toen hij overleed.
2. Informeer bij het Centraal Testamentenregister of de overledene een testament heeft gemaakt.
3. Zijn er één of meerdere testamenten? Vraag dan het laatste testament op bij de notaris die het heeft gemaakt. Is deze notaris gestopt, dan kunt u bij zijn opvolger terecht. Bekijk hiervoor het opvolgersarchief www.notaris.nl. Sommige notarissen vragen geld voor een kopie van het hele testament of een deel ervan. Of u een kopie krijgt, hangt af van wat er in het testament staat.

Tips

1. Houd rekening met elkaars gevoelens. Als een dierbare overlijdt, is iedereen emotioneel en prikkelbaar. Probeer ruzies te voorkomen. Wordt u boos? Neem dan even pauze. Het is lastig om een erfenis te regelen als jullie ruzie maken.

2. Relaties tussen stiefouders en -kinderen zijn ingewikkeld. Vaak krijgt een stiefouder als langstlevende partner voorlopig alles. Hierdoor zijn de stiefouders en -kinderen nog heel lang met elkaar verbonden, terwijl zij dit misschien niet willen. Bespreek de opties met onze overlegadvocaat.

3. Als een broer of zus executeur is, ontstaan er vaak problemen. Deze broer of zus heeft namelijk opeens een andere positie binnen het gezin. Voorkom problemen en neem snel contact met ons op.

What can I prepare?

Request the ‘Uiteen Inheritance Package’. For further information and tips about what you can prepare ahead of time.

Request information

Want to know more?

Do you want to know more about your specific situation?

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You can reach Uiteen from Monday to Friday from 9 a.m. to 5 p.m. Outside of office hours? Schedule a callback request

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