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?
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.
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.
We work on mutual communication; what is actually the core problem? Is there old pain getting in the way that needs to be addressed?
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.
The lawyers confirm the agreements in a settlement agreement. Once everyone agrees on the content, the participants sign the agreement.
The participants carry out the agreements, such as arranging the estate and distributing belongings as discussed.
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.
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.
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?Make an appointment
You can reach Uiteen from Monday to Friday from 9 a.m. to 5 p.m. Outside of office hours? Schedule a callback requestbel 010 4527403
for more information call 010 – 452 74 03view all
PRIVACY DISCLAIMER Uiteen, located at Jericholaan 65B, 3061 HB Rotterdam, is responsible for the processing of personal data as shown in this privacy statement. Ellis Maurits is the Data Protection…view all
Are you looking for a specialised divorce attorney to defend your interests in your divorce? Someone who helps you to come up with solutions that fit your personal situation? Someone…view all
Has a family member of yours passed away and you are not sure whether to accept or refuse the inheritance?Were you removed from the will shortly before the passing of…view all
In a classic conflict in court, many cases remain unresolved. As a result, both parties end up spending a lot of money, feeling unsatisfied and dealing with recurring conflict situations. The damage for those directly and indirectly involved often lasts a lifetime.
In the interest of you, your child(ren), your family, your wealth or your business, we believe that conflicts should be handled differently.view all
Would you prefer to make arrangements for the divorce yourselves under the guidance of a single lawyer-mediator? That’s possible with Uiteen. This means that you and your ex-partner only need to hire one lawyer to reach an agreement regarding the children, your home and the distribution of household items.view all
Consultation separation, also called “collaborative divorce” is a new way to resolve disputes in divorce cases. Read more here to find out if this could be an option for you.view all
What can I expect from divorce proceedings with an attorney?view all
You want to know the consequences of getting divorced or you want to make sure everything is arranged properly: Who will live where? How to organise the care for the children? How to distribute the estate? And what other aspects need to be considered?view all
Do you have questions? You might find the answers you’re looking for here.view all
Uiteen can assist you in all areas of family law.view all
How tight will my budget be? What will happen to our company? How much will I get? How much will I have to pay? What is fair? Will I be able to make ends meet after the divorce?view all
How much time will the children spend with me after the divorce? And with my ex-partner? How can I make sure my children get through this with as little damage as possible?view all
I live abroad; can I get divorced in The Netherlands? Can I take my children with me when I return to The Netherlands? Can I take my children with me to live abroad?view all
Would you like to arrange the estate with all parties involved under the supervision of a single lawyer-mediator? That is possible at Uiteen. This way you can make agreements between you.view all
Consultation, or so-called “collaborative practice” is a new way of resolving disputes in inheritance cases.view all
What can you expect from an inheritance case in which you are assisted by an attorney?view all
What is the role of an executor? What are my rights? If the executor isn’t doing a good job, what can I do about it?view all
Cash money has disappeared; what can I do? I’m being denied access to bank statements; how should I approach this? Can I get an advance on my inheritance?view all
How do we distribute the items in the will? Some items have disappeared; what now? My brother/sister is not cooperating with the distribution; what can I do?view all
Do you have questions? You might find the answers you’re looking for here.view all
Uiteen can also provide assistance in the following matters of inheritance.view all
How can I make arrangements with the (step)children? What are my rights? What are their rights? What is fair?view all
Have you been disinherited? That doesn’t necessarily mean that you don’t get anything. We can advise you about the legal rights of children and partners. Are you a child of…view all
Uiteen can work with you to get an overview of all insurance policies such as concerning burial insurance, life insurance, annuities, etc. This will give you a better idea of…view all
What does an executor do? What are my rights? The executor is not doing his/her job properly; what can I do?view all
Will my company be compromised? Can I keep my business out of the divorce? What are my obligations? What am I entitled to?view all
Do I have to pay spousal support? How do we share the costs for the children? How can I change the alimony payments? How much am I entitled to?view all