What to do in case of disinheritance?

Questioner

My father passed away earlier this month. Now he has 2 children from his first marriage (my sister and me) and from his 2nd marriage also a child together with his 2nd wife. I do not know if I have been disinherited, my sister does not and now we want to claim our child's share or I want to claim my legitimate share if this is applicable. How do I find out if I have been disinherited and how do we approach this? Can his wife spend the money if it is already there or can we already agree on something about this and how do we do this?

Lawyer

Via the CTR (Central Wills Register, which you can find on the internet) you can check whether your father had a will and with which notary it is kept. You can request a copy or extract there. This will then show whether you have been disinherited. If not, you have heir rights, if so, you can claim your legitimate portion. Usually such a will states that you can only collect your inheritance when the widow has also died. If there is no will, the so-called statutory distribution applies. then everything goes to the widow first, the children including you will have a claim on the widow depending on your inheritance, which only becomes due when she herself has died. The widow may continue to live undisturbed. If she spends everything, there is not much you can do about it.