How Is the Net Estate Calculated?
Reduction and Reserved Shares
Prepared by: Constantinople
Short Answer
Knowing one property's value is insufficient to establish infringement of a reserved share. Net estate calculation also investigates other assets, debts and benefits requiring addition. We show assets, deductions and valuation bases separately to identify the information supporting the current calculation and records needed to complete it.
When told an amount payable to you based on a house transferred to your sibling, you may think it accounts for the whole estate. Bank assets, other properties, debts or the spouse's matrimonial property entitlement may change the picture. We do not stop at a calculation examining only the disputed asset. We investigate assets at death alongside other legally relevant items. Knowing the source of calculation data helps you understand where a report may be challenged.
The initial review and second opinion are paid services. The scope, fee and timetable are agreed in writing before work begins.
Assets and Liabilities Are Identified Separately
Under Article 507 TMK, the disposable portion is calculated from the estate's position at death. Alongside debts, funeral, sealing and inventory expenses and statutory subsistence costs are considered. Listing a debt is insufficient; ownership of the debt, its basis and connection with the calculation must be shown.
The Role of Earlier Benefits Is Investigated
Gratuitous benefits subject to reduction may be added under Article 508 TMK. This does not mean every old payment is automatically recoverable. Its nature and susceptibility to reduction are identified first. Bank movements, title transfers and payments for care should not be combined under one heading.
Dates and the Valuation Method Are Explained
Identifying the estate at death and valuing indivisible property at a later reduction stage are different questions. Articles 507 and 564 TMK require this distinction. A surviving spouse's matrimonial property claim also requires assessment of its estate effects. We do not apply the asking price in a current sale advertisement directly to every calculation.
What Do We Examine in Your Matter?
Asset Records
We match title, banking, vehicle and receivable information to the same date and plan investigation of records missing from the known asset list.
Debt and Benefit Documents
We examine debt bases and earlier transfers in a separate table, checking whether an item enters twice as both deduction and addition.
The Report's Calculation Chain
We follow gross value, deductions, additions and ratios, identifying separately the document or assumption supporting each figure in the expert report.
Frequently Asked Questions
Does the net estate consist only of registered real property?
No. Calculation is not reduced to a property list. Receivables, bank assets, debts and relevant benefits must be assessed according to their nature. We explain each included item's basis.
Does one valuation report complete the calculation?
An asset valuation may be only one component of net estate calculation. We do not infer reserved shares from one valuation before examining scope, dates, debts and earlier benefits.
How is double counting of the same asset checked?
A title transfer, sale proceeds and money entering another account may record the same economic value differently. We compare each item's source and subsequent path. We identify repeated values and assumptions when adding or deducting items, and do not accept an undocumented item as definite calculation data.
Related Inheritance Topics
Related Questions
Reference Sources
Articles 507–509 and 564 TMK
Let Us Clarify the Records Underlying the Calculation
The initial review and second opinion are paid services. The scope, fee and timetable are agreed in writing before work begins.