Onverdeelde nalatenschap
Undivided estate
An undivided estate is the estate of a deceased person that has not yet been distributed among the heirs. The heirs are co-owners until such distribution takes place.
An undivided estate arises immediately upon the death of the testator. The heirs acquire the estate in undivided co-ownership, meaning they jointly hold the rights and obligations in respect of the assets and liabilities.
This stage is significant because decisions relating to the estate must in principle be taken unanimously. Only upon partition, for example by notarial deed or court order, is the undivided ownership terminated and does each heir obtain an individual share.
In practice, an undivided estate frequently gives rise to disputes, particularly in complex estates involving immovable property or multiple heirs. Lawyers regularly advise on the administration of the estate to prevent escalation.
“Following the death of their father, the brothers found themselves in an undivided estate, obliging them to manage the dwelling jointly.”
Need legal advice?
Schedule a free consultation with one of our specialists