Estate mediation between heirs
Inheritance mediation is a process for resolving conflicts between heirs to an estate. It culminates in the signing of a mutual agreement on the distribution of the deceased’s estate and the easing of tensions between heirs. The process has the advantage of being easy, inexpensive and straightforward. So, how does estate mediation between heirs work?
Who are the parties involved in mediation between heirs?
The mediator and the liquidator of the estate are the parties involved in an estate mediation, in addition to the disagreeing heirs.
The mediator: the link between heirs
In probate mediation, the mediator does more than open dialogue, provide legal advice and encourage negotiation. He helps participants find common ground and win-win solutions.
The family mediator encourages the exchange of information between heirs. He makes communication more fluid. He analyzes the various facets of the conflict and tries to resolve the problem of property division by all means possible. He encourages everyone to express their point of view, and the others to listen actively. The mediator fosters cooperation between the participants, helping to establish a lasting solution.
The estate liquidator to settle the estate
The estate liquidator is the person in charge of settling the deceased’s estate. He or she also carries out a range of tasks: managing the deceased’s assets, paying debts, distributing assets to heirs, paying taxes..
The liquidator is named in the will. In the absence of the document or the appointment of a liquidator, the heirs are called upon to carry out the liquidator’s task automatically. They are also entitled to appoint a liquidator by vote, or to designate a person within or outside the family circle. They can also appoint a legal expert as liquidator, such as a lawyer or notary.
How does estate mediation between heirs work?
Estate mediation follows a series of regulatory steps.
The meeting between the mediator and the heirs
The mediator organizes a preliminary meeting with the heirs. The purpose of this meeting is to conduct an initial exchange. The mediator gives the heirs the opportunity to express their concerns, opinions, needs and wishes regarding theinheritance.
This first meeting gives the mediator an insight into the scope of his work, the intensity of the family conflict, the succession and the heirs’ point of view.
The mediator also organizes an individual meeting between the heirs to the estate. This exchange is optional, but essential to increase the chances of success of the mediation. The discussion will make it all the easier to find lasting solutions.
Please note:
Article 620: Inheritance mediation:
“The parties to a succession may resort to mediation to settle a dispute arising between them in connection with the administration, liquidation or partition of the succession. They may also have recourse to mediation to settle a dispute between them concerning a question relating to a gift
Preparing the mandate
The liquidator then entrusts the mediator with the professional mandate. The liquidator informs the mediator of the legal procedure for settling the dispute. The mediator explains to the liquidator the mediation mechanism and his or her place in the session.
Once the legal procedures have been explained, the liquidator retrieves the relevant documents from the estate and examines them with a fine-tooth comb.
Preparing for mediation
A certain amount of preparation is required before the actual mediation. This stage depends on the approach adopted during the mediation and the progress of the legal proceedings.
During the preparatory phase, heirs can familiarize themselves with their rights and obligations with the help of an inheritance lawyer or notary.
It should be emphasized that mediation cannot be used to make claims against an heir. An heir cannot use official documents as evidence to claim any inheritance. The objective of the session is to find common ground that benefits the heirs and thus dissolve the conflict.
Estate mediation between heirs
During the probate mediation session, the mediator addresses several key points. First, he discusses the estate’s assets and inventory, with the involvement of a liquidator. The heirs take the opportunity to ensure that all the deceased’s property and assets are present (investments, cars, jewelry, bank accounts, life insurance policies, etc.).
The mediator then discusses the dissolution of the family patrimony and matrimonial regime. The heirs will be able to understand the separation of the deceased’s assets by the dissolution of the family patrimony and matrimonial regime. The dissolution of the family patrimony is essential to facilitate the division of the deceased’s property and assets.
Next comes the interpretation of the will. The heirs can give their opinion on the meaning and intention of the deceased. In the event of ambiguity, the presence of a lawyer can clarify the situation.
Finally, estate mediation is an opportunity to liquidate the estate. The heirs deal with the settlement of debts, the estate’s tax obligations, the distribution of assets to beneficiaries and the closing of the estate.
What are the expected results of estate mediation between heirs?
Inheritance mediation inevitably leads to agreement or disagreement. What should you do in either case?
An agreement between heirs after estate mediation
In the case of an agreement, theamicable settlement is presented to the court for approval. It is then legally binding. Mediation is a voluntary act. Nevertheless, an agreement on the terms of the succession leads to a binding decision.
The mediator draws up a summary of the agreement and ensures that it respects the rights and freedoms of all heirs, as well as public order. The contract is signed by the heirs. Their signature confirms their commitment to the agreement. They can even have the document homologated by a judge to transform it into a judgment. This will enable the heirs to have recourse to the court in the event of non-compliance or subsequent conflict.
If no agreement is reached after estate mediation between heirs
If the participants are unable to reach an agreement at the end of mediation, they may resort to legal proceedings. Alternatively, they may change their approach and attempt a new, amicable estate settlement.
It should be noted that legal proceedings are brutal. To avoid aggravating the situation, the parties involved can try to negotiate the case amicably and initiate a new probate mediation.
Depending on the legal situation, the law may impose a maximum mediation period, known as the prescription period. This period will assert the rights of each heir in a lawsuit.
How to successfully mediate between heirs?
Inheritance mediation only works if the main parties involved are willing to find a solution to their common problem. Regardless of the scale of the family conflict, the desire to resolve it is the motivating factor in estate mediation.
In probate mediation, commitment becomes difficult if the heirs involved are unable to communicate. The success of mediation can also be compromised if there is a lack of mutual understanding, listening and commitment.
Why use estate mediation between heirs?
Estate mediation is a fast, affordable and collaborative solution, unlike traditional legal proceedings. That’s why estate lawyers recommend this solution.
The presence of a mediator speeds up proceedings. It encourages heirs to discuss, express their opinions and talk about their dissatisfaction with the estate. He encourages them to work together to find a solution. Unlike legal proceedings before the courts, the mediator cannot impose a decision on the heirs.
Inheritance mediation maintains family ties through healthy communication and constructive exchanges. It reduces the risk of family conflict.
Finally, estate mediation is a voluntary process based on unanimity, not majority. Participants can terminate the process at any time if they perceive an injustice or imbalance in the decisions.
What are the specific features of probate mediation?
Estate mediation is confidential. Exchanges, information and documents circulating throughout the session cannot be divulged. Confidentiality remains in effect even if the mediation is unsuccessful and the case goes to court.
Throughout the mediation process, the mediator respects certain obligations: neutrality, confidentiality, impartiality and independence. However, if the process is unsuccessful, he or she may hand over to a notary. The legal expert can also act as mediator, resolving family disputes relating to the liquidation of the estate.
The success of estate mediation depends on the mutual commitment of the heirs. However, communication is impossible for participants who are geographically distant. In such cases, co-mediation (or the involvement of 2 mediators) can be useful.
Conclusion
To increase the chances of success of an estate mediation between heirs, the best solution is to call on the services of a mediation expert, in this case a mediator.
The presence of an estate lawyer is also essential for heirs. The expert accompanies them throughout the proceedings and explains their rights in inheritance matters.
