The International inheritance lawyers at Al-Zayat International Law Firm are among the elite category, as the nature of their work compels them to deal permanently in all branches of law with the permanent assistance of lawyers from other legal departments in the company . The company’s partners are forming the inheritance department in our firm as we make sure that the inheritance lawyers in Egypt or any of other country of our practicing countries are the best inharitance lawyers among their peers .
By their nature, disputes over Wills, Trusts and Inheritance often occur at times of emotional vulnerability and distress. Bringing or defending such claims is especially demanding and can become acrimonious and fraught very quickly as Inheritance law is one of our main concerns at Alzayat law firm. Which consists mainly of will and inheritance, which our team is an expert in, Especially matters of inheritance law that are of an international nature.
alzayat international law firm is one of the few major law firms with a sophisticated worldwide Private Clients practice. Our unparalleled global resources allow us to provide one-stop, comprehensive service to meet all of our clients’ needs, wherever in the world their assets or family members may be. They also make us uniquely qualified to handle complex, multijurisdictional disputes, that is why our clients have selected us to handle some of the largest cases in this field, Our specialist Wills, Trusts and Inheritance Disputes lawyers have extensive experience in dealing with disputes of this nature and are ranked in The Legal 500 , hg.org and Global Law Expert as best experts in this field.
We act for trustees, executors, personal representatives, protectors, beneficiaries, charities and for individuals in a wide range of disputes involving estates, trusts and land.
The law of inheritance is basically concerned with the transfer of property, as vested in a person at his death, to another person or persons. When a person dies, his assets pass by inheritance to people qualiﬁed to inherit the deceased. The rules of the law of inheritance determine who the qualiﬁed person or persons are and it also establishes the scope of the beneﬁts. [Inheritance law concerns mainly transfer of property, as vested in a person at his decease, to another person(s). determining the rightful heirs as well as the exact shares of each of them is determined by the rules of inheritance law.
In the subject of international inheritance law, the main issue is to precisely determine the applicable law and competent jurisdiction to govern the inheritance so that the deceased’s estate will be finally divided between the inheritors.
This issue normally arises in the event where the estate is divided between different countries with different legal systems and jurisdiction, and/or in the case where the deceased has multiple nationality or has spent his last living days on foreign soil.
The goal of the international inheritance law of any system is to avoid this mayhem, and finally determine the competent law and jurisdiction. That goal is met when the declaration of inheritance is issued in a country, which determines the applicable international law to the subject by choosing different criteria.
We would like to note that, in all the legal systems, determining the law governing the inheritance, is totally indifferent from the nationality or any other characteristics of the inheritors themselves.
Some countries, mostly countries that follow the civil law judicial systems, such as Egypt, in article 17 of the Egyptian civil law, and France, choose the criteria of the nationality of the deceased to determine the applicable law to the inheritance, according to the private international law of this system the applicable law will be finally determined, and the competent authorities will be appointed when in switzerland you will find that its more relative as will hugely effictive the country of the last residance for the heired read more
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We can deduct that these judicial systems believe the nationality to be the most intimate and close criteria to an individual, to an extent that it should be the criteria to determine that governs the inheritance, whereas the inheritance is a civil matter very sensitive and intimate.
- However, some problems might arise from these criteria, mainly, the case of the dual nationality or multiplicity of nationalities, in that case, the law governing the inheritance should be determined according to the provisions of the private international law of the country to which the deceased has the most effective nationality, that means the nationality to which the deceased has the most deep connections, i.e., where his work is, where he spends most the time of the year, the country where he pays his taxes etc.
- On the other hand, other countries, mainly countries adopting common law legal systems, such as the United States, Romania, in article 2633 of Romanian Civil Code, and Switzerland, adopt the criteria of the last known residence of the deceased to have the provisions of that country’s private international law determine the law and the competent authorities governing the inheritance.
- Moreover, the place where the estate exists also plays an effective role in this equation, mainly, an exception regarding the real estate part of the estate, this case, or any other private international law matter that involves real estate, should imperatively be governed by the law of the real estate – sis de l’immeuble-, which is an international costume adopted by almost all the different legal systems.
To summarize, different criteria chosen by the various different legal systems are the deciding element in the matter of international inheritance law, however, to avoid total legal insecurity, some basic international law costumes are fixed and known by all in order to have a sense of order in a sensitive matter such as international inheritance.
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Whether you were Muslim or Christian, you are an Egyptian who lives abroad or a foreigner who lives in Egypt or even facing a conflict of laws problem due to dual nationalities, at ALZAYAT Law Firm we represent heirs and help them through the inheritance procedures so they can acquire their legacy. Also, our Firm will help you with the issuance of a certificate of inheritance from the competent court determining the heirs and their relevant ownership percentages according to the Islamic sharia.
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However, our team is also capable to assist you to create an estate plan. Our lawyers can craft a strategy, reducing estate taxes and helping ensure the financial security of your spouse and children.
Therefore, we can help you to write a will to guarantee a smooth and fast transfer of the inheritance seeing that transferring the ownership of real property to another person by inheritance is also possible using a Will in accordance with the principles of Islamic Sharia, as long as the value of such property does not exceed one third of value of the total estate of the deceased.
Similarly, we can help you to draft a gift agreement in case you wanted to gift your own property to someone after your death.
Moreover, we can assist you in the event of the existence of a dispute between inheritors on each individuals’ rights, in that case, we are able to solve the issue by mediation or through litigation, and whichever is most convenient at the time READ MORE
Furthermore, our highly qualified team can provide you with full assistance with every contract involved in your case, whether it’s in the pre-emption and partition contracts issues, if you desire to sell your part of the estate in case of pre-emption which is resulted from inheritance or in case you encounter situations in which your documents of property purchase were not registered.
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Our inheritance Law team of lawyers advise and represent the national as well as the foreign heirs to safeguard their inheritance rights and represent them vis-à-vis co-heirs as they have a big win record in plenty of the most hard and complicated cases.
We are always here to help you through those hard times, please don’t hesitate to reach out for us for any further inquiries contact us.