In the age of mundialization, a single person can be owner of different assets of different kinds in a number of different countries. Be it a result of conducting business internationally for one reason or another.
Either way, this causes many legal complexities, but what we can focus on right now is the matter of inheritance.
Intenrnational inheritance
In case heirs have the right the estate of a relative, under a written final will and testament, or simply by force of the law, if the estate of the deceased is separated east and west in different states with different legal backgrounds, procedures and required documents.
Intenrnational inheritance
In the Intenrnational inheritance case, one of the main services that ALZAYAT Law Firm provides, is assisting in the collection of the estate from every place around the globe in one place. With the objective of finally dividing, it fairly between the rightful heirs.
Nevertheless, one of the issues that arise in inheritance law in general, is the fact that sometimes parts of the estate is in the possession of a third party. Who can sometimes be reluctant and uncooperative to release the part of the estate he is holding.
This issue finds itself even more complicated in the international sphere, since the difference of legal tradition as well as laws and regulations, creates conflicts and contradiction that requires skills and patience to solve correctly.
Practically, the third party who refuses to submit the estate is usually a bank, who maybe denies the existence of an account even of the deceased or admits it but overcomplicates the procedures drowning the heirs in paperwork and getting apostilles, legalising documents and translations, with the hope that they can give up eventually.
Such actions are prohibited by almost every law there is, for example, in Egypt such actions are considered even a criminal infraction. That can lead not just to forcefully releasing the held estate but paying a fine and even imprisonment in some cases.
This issue can on the other hand be solved through simply negotiations and mediation, which requires skilled lawyers and negotiators who understands the language and culture of such huge entities, holding back estates from their rightful heirs.
In Egypt, The Egyptian Civil Code of 2015 contains in Volume III the provisions of the Inheritance Law (Law No. 77 of 1943) divided into four parts.
The main contents of these sections are:
- General Provisions of Inheritance Law
- Inheritance without a will
- Inheritance through a will
- Identify and account for the contents of the estate after the death of the individual
All Egyptian nationals, regardless of their faith, are bound by the Egyptian Laws, including Family Law and all Personal Status Laws that are based on Islamic Sharia principles. Therefore, Coptic Egyptians and all non-Muslim Egyptians, in general, are subject to the application of Islamic Sharia inheritance principles enshrined in the law rather than their own faith-based inheritance principles
Articles 24 and 25 of the Law No. 1 of 2000 concerning personal matters, stipulates the steps to be taken following the passing of an individual, regardless of their faith.
Article 24 of the Law No. 1 of 2000 of personal matters:
A heir submitting a request to the competent Family Court that includes the full name of the deceased, the date of his death, the last home of the Deceased, the full names of all of the statutory heirs and legatees, the death certificate and a request to the court to issue an Certificate of Inheritance that establishes the rightful heirs and their respective shares in the deceased’s estate;
Once all of the heirs have been notified, a court hearing is held, during which two witnesses attend to testify to the court that there are no heirs other than the ones mentioned in the request submitted to the court and he can add administrative inquiries according to his discretion; in case one of the statutory heirs or legatees denied a valid will and the Judge saw it was a serious question he should refer the request to the competent Court of first instance for determination;
Thereafter, the judge issues a Certificate of Inheritance confirming the death and determining the rightful heirs and their respective shares.
Article 25 of the Law No. 1 of 2000 of personal matters:
The Certificate of Inheritance issued by the judge according to the provisions of the previous Article is considered as a valid argument for proving death, inheritance and due will unless otherwise issued.
Following a year of deliberations on amending the Inheritance Law (Law No. 77 of 1943), the Egyptian Parliament passed a law on December 5 guaranteeing women their legitimate right to receive their inheritance. The parliament approved the new law after the Cabinet, the National Council for Women (NCW) and civil associations submitted several drafts in January 2016, December 2016 and September 2017 respectively, to amend the existing law.
Under this amendment, Article 49 of the new law stipulates that a number of violations would be considered criminal offenses; such violations include intentionally depriving heirs of their rightful inheritance.
Article 49 of the Law No. 219 for 2017 – The amendment of the Inheritance Law (Law No. 77 of 1943)
A punishment of at least 6 months in prison and/or a fine ranging between LE 20,000 – 100,000 (around $1,119-5,595) for anyone who intentionally depriving heirs of their rightful inheritance. Or hide a document that could prove a person’s legal right to an inheritance or refuse to hand over this document in case one of the heirs requested it from him.
If the violation is repeated, the amendment calls for a sentence of at least 1 year in prison.
The offences set forth in this article may be reconciled in any case in which the trial is even after the judgement has become final.
[…]
Reconciliation entails the termination of the criminal proceeding, even if they are directly prosecuted. Also, the Public Prosecution orders the suspension of the execution of the sentence if it has been reconciled in the course of its execution and the reconciliation has no effect on the rights of the one affected by the crime.
This amendment is consistent with Article 11 of Egypt’s Constitution which stresses the State’s responsibility of protecting women against all forms of violence, and not only women, but also any human being who was deprived from his/her inheritance rights.
Article 11 of Egypt’s Constitution
The State shall ensure the achievement of equality between women and men in all civil, political, economic, social, and cultural rights in accordance with the provisions of this Constitution.
On the other hand, Swiss banks are known for being very secure, which sometimes backfires when heirs claim their estate in the possession of the bank. You can proceed to a legal action against a bank who abuses its power. The requirements for such a legal action are a person who believes that, as a legal or named heir, he or she has a better claim than the current possessor to an estate or a part thereof may assert his or her claim by bringing an action for recovery of inheritance. Which gives place to various legal effects, keep up with our following posts to get further info
When an etate is held by a third party (bank) in Switzerland, the action for recovery of inheritance taken against it has two different effects: If the claim is upheld, the possessor must relinquish the estate or the part thereof to the claimant in accordance with the rules governing possession in Swiss law. Additionally, the defendant cannot invoke adverse possession in respect of property belonging to the estate. But in this subject, time is of the essence, keep up with our following posts to get further info
Acting against a Swiss bank who abuses its authority by holding the estate from its rightful heir, is done by an action for recovery of inheritance, the prescription of which in case it is taken against a defendant acting in good faith prescribes 1 year after the date on which the claimant learned that the property was possessed by the defendant and that he or she has a better claim to it, but in all cases 10 years after the death of the deceased or the date on which the will was read. Also, the prescriptive period for the right to bring an action against a defendant acting in bad faith is always 30 years, thus it is essential to prove that the bank is acting in bad faith and being abusive in the use of his powers
If the estate you should inherit is in the possession of a third party in Switzerland, a bank for example, articles 598, 599, and 600 of the Swiss civil code provides a legal action known as the “action for recovery of inheritance” which is an action that heirs can use in order to regain possession of any asset of the estate when it is in the possession of a third party.
Art. 598 Swiss Civil Code A. requirements
A person who believes that, as a legal or named heir, he or she has a better claim than the current possessor to an estate or a part thereof may assert his or her claim by bringing an action for recovery of inheritance.
Art. 599 B. Effects
- If the claim is upheld, the possessor must relinquish the estate or the part thereof to the claimant in accordance with the rules governing possession.
- The defendant cannot invoke adverse possession in respect of property belonging to the estate.
Art. 600 C. Prescription
- The right to bring an action for recovery of inheritance against a defendant acting in good faith prescribes one year after the date on which the claimant learned that the property was possessed by the defendant and that he or she has a better claim to it, but in all cases ten years after the death of the deceased or the date on which the will was read.
The prescriptive period for the right to bring an action ag
, thus it is essential to prove that the bank is acting in bad faith and being abusive in the use of his powers
If the estate you should inherit is in the possession of a third party in Switzerland, a bank for example, articles 598, 599, and 600 of the Swiss civil code provides a legal action known as the “action for recovery of inheritance” which is an action that heirs can use in order to regain possession of any asset of the estate when it is in the possession of a third party.
Art. 598 Swiss Civil Code A. requirements
A person who believes that, as a legal or named heir, he or she has a better claim than the current possessor to an estate or a part thereof may assert his or her claim by bringing an action for recovery of inheritance.
Art. 599 B. Effects
- If the claim is upheld, the possessor must relinquish the estate or the part thereof to the claimant in accordance with the rules governing possession.
- The defendant cannot invoke adverse possession in respect of property belonging to the estate.
Art. 600 C. Prescription
- The right to bring an action for recovery of inheritance against a defendant acting in good faith prescribes one year after the date on which the claimant learned that the property was possessed by the defendant and that he or she has a better claim to it, but in all cases ten years after the death of the deceased or the date on which the will was read.
The prescriptive period for the right to bring an action against a defendant acting in bad faith is always 30 years
Be it through litigation, criminal or civil, or through negotiations, AlZayat Law firm is equipped with the experience and knowledge to collect the estate for you from all around the world into one place to be divided between the rightful successors and take all legal actions possible against uncooperative banks or any form of third party wrongfully holding estates from their rightful heirs.
If you have any inheritance related issues, contact us at ALZAYAT@ALZAYATFIRM.COM or visit our website at: www.alzayatfirm.com
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