International Inheritance Handling Legal Complexities Across Different Countries: Alzayat Law Firm
In this age of global interconnectedness, it’s not unusual for an individual to own assets in multiple countries. This can be due to international business dealings or other global pursuits. Whatever the reason, it results in a web of legal challenges, especially when it comes to inheritance. This is where Alzayat Law Firm in Egypt, recognized as Alzayat Egypt’s First International Law Firm, steps in, offering specialized services to navigate these challenges.
Alzayat Law Firm: A Pillar in International Inheritance
So, you’ve inherited assets, but they’re scattered all over the world? The process can be daunting, especially when dealing with different legal systems and documentation requirements. But, Alzayat Law Firm in Egypt shines in these situations. They’re experts in bringing together assets from all corners of the globe, ensuring a fair division among rightful heirs.
Challenges in International Inheritance
Another hurdle you might face is when parts of the inherited estate are held by a third party, say, a bank. They might make things difficult, either denying the existence of the deceased’s account or drowning heirs in a sea of paperwork. This becomes even more tangled in international scenarios due to diverse legal traditions and regulations.
And while most laws, including those in Egypt, frown upon such actions by third parties, the situation can sometimes be resolved without legal confrontations. Enter Alzayat Law Firm, armed with lawyers and negotiators who not only understand the legal landscape but also the unique cultural nuances of various entities. This proficiency in bridging gaps is what makes them Egypt’s first international law firm of choice for many.
Egyptian Inheritance Law
Egypt’s approach to inheritance is noteworthy. The Egyptian Civil Code of 2015 is a treasure trove of inheritance provisions. Divided into four key sections, it covers:
- General Provisions of Inheritance Law,
- Inheritance without a will,
- Inheritance with a will, and
- Procedures post an individual’s demise.
Furthermore, it’s vital to note that all Egyptians, regardless of their religious beliefs, fall under the umbrella of Egyptian Laws. These laws, inspired by Islamic Sharia principles, apply to everyone, from Coptic Egyptians to non-Muslims. In essence, while each individual might have their own faith-based inheritance beliefs, the law sees everyone through the same lens.
In conclusion, international inheritance can be a challenging maze. But with Alzayat Law firm premier Legal services Best Lawyers in Egypt, known as Alzayat Egypt’s First International Law Firm, you’re in capable hands, ready to lead you through every twist and turn.
International Inheritance Handling Legal Complexities Across Different Countries: Alzayat Law Firm
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
International Inheritance Handling Legal Complexities Across Different Countries: Alzayat Law Firm
When an estate 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 [email protected] or visit our website at: www.alzayatfirm.com for read more visit facebook page