private law
As you navigate through life, there are various situations where legal assistance is essential, whether you are cohabiting, buying a home, facing separation or divorce, or nearing the end of life, where death is a natural conclusion.
Law is with you from cradle to grave:
- When a child is born (including parental responsibility, residence, contact, and child support)
- Children and young people at work (including young people working and their first job)
- Cohabitation (including buying a home together and joint liability)
- Marriage (including drafting a prenuptial agreement and regulating property relations between spouses)
- Loans to family and others
- When the employment contract needs to be signed
- If we are affected by accidents or illness, and insurance or compensation needs to help us move forward in life
- Divorce or ending cohabitation (including parental responsibility, residence, contact, joint liability, and division of property)
- What happens when I die? (including inheritance distribution and will)
- Death (including renouncing inheritance, estate administration, small estate, inheritance, is the estate taxable?, supplementary inheritance/spousal inheritance, undivided estate, private administration, probate, and executor administration)
- Drafting joint, single, and notary wills for children
- Drafting powers of attorney for the future
- Drafting co-ownership agreements
- The Parental Responsibility Act
- Debt settlement
You are always welcome to contact ZT Legal Group for an initial, non-binding discussion.
INHERITANCE & ESTATE ADMINISTRATION
Estate administration is often not the first thing the bereaved think of when there is a death in the family. Naturally, grief is the most overwhelming feeling, and many emotions can be involved. Therefore, the practical tasks that follow a death in the family often require assistance.
When a death occurs, the first person to contact is the funeral director. The funeral director will notify the parish priest, who will then inform the probate court about the death.
We assist with all tasks related to the administration of an estate. Our tasks include, but are not limited to, the following:
- Handling the estate, including terminating payment agreements and subscriptions
- Placing a notice to creditors (proclamation)
- Preparing the opening inventory
- Ensuring the estate’s assets are appraised
- Distribution of any debt – the estate’s creditors must be paid before any inheritance can be distributed
- Advising on the distribution of the inheritance, including interpreting the will
- Sale of real estate or transfer to heirs
- Distribution of inheritance to heirs
- Advising on the estate’s tax matters and estate duty
- Preparing the estate inventory
- Submitting the necessary documents to the appropriate authorities within deadlines
- Settlement
FAMILY LAW
Family law is a collective term for various cases that all arise from family relationships. This can include financial relations between spouses or cohabitants, separation and divorce, division of joint property, cases concerning parental responsibility and contact, and more. As in all other contexts, it is good to be prepared.
If you are planning to get married, buy a house with your partner, or are considering divorce, it is a good idea to seek advice before making your decision.
Advice can be obtained from Lawyers or specialized advisors. The public institution Family Law House also has a website with many guides on how to handle different situations. However, one should be cautious about making decisions without discussing the issues with a professional.
Family law matters we handle include:
- Entering into marriage / registered partnership
- Prenuptial agreements / Wills / Children’s wills
- Marriage cases / Division of joint property
- Parental responsibility cases
- Residence cases
- Contact cases
- Spousal and child support cases
- Placement of children outside the home (Compulsory removal cases)
- Estates – inheritance law
- Co-ownership agreements
- Guardianship cases
EMPLOYMENT LAW
We advise both employers and employees. We are highly specialized and have extensive experience in the areas we handle.
We provide advice on all aspects of employment law, including:
- Employment law
- Collective labor law
- Executive contracts and the legal status of executives
- Holiday legislation
- Equal treatment legislation
- Employees’ legal status in business transfers
- Suspension of payments or bankruptcy
- Non-competition and non-solicitation clauses
- Occupational health and safety law
- Additionally, we advise on special conditions regarding public employees, including:
- Civil servants
- Public collective agreements, etc.
COMPENSATION LAW
Compensation law deals with the rules that apply when there is damage to property or personal injury, and it is possible to identify both a liable party and an injured party. Compensation law is mainly regulated by unwritten principles, but it is also expressed in the Liability for Damages Act. This regulates, for example, an employee’s liability and an employer’s liability.
At ZT Legal Group, we can assist you with issues regarding liability for damages, such as in the event of a car accident, or if a guest in your home accidentally dropped your computer on the floor, causing it to break, as well as other situations where compensation must be paid.
TENANCY LAW
Tenancy law encompasses two key areas: commercial tenancy law and residential tenancy law.
Commercial Tenancy Law: This law regulates the relationship between commercial landlords and tenants, covering properties such as shops and offices. It deals exclusively with premises rented for non-residential purposes.
There are detailed regulations on matters such as rent increase notifications, market rent, assignment rights, non-terminability, and the allocation of property operating expenses. Landlords should be aware of the option to have market rent determined through an appraisal, while commercial tenants should know they can request a rent reduction. The principle of “free evaluation of evidence” applies in commercial tenancy cases, emphasizing the need for legal advice whether you are a landlord or a tenant. Stay updated through our website and Facebook group, where we regularly post articles relevant to both commercial tenants and landlords.
Residential Tenancy Law: This law governs residential leases and is subject to detailed rules regarding lease terms and dispute resolution through rent tribunals. It ensures fair practices and protects the rights of both tenants and landlords.
We offer comprehensive advice on all aspects of tenancy law.
For expert legal guidance on commercial or residential tenancy matters, contact a lawyer from ZT Legal Group.
WILL
A will ensures that your assets are distributed according to your wishes, regardless of your marital status. If you do not specify who should inherit your estate, it can have severe financial consequences for your survivors. Your spouse or partner might even risk losing their home if the necessary documents are not in order. With a will, you can ensure your spouse remains in the house and specify the distribution of assets among your beneficiaries, within the constraints of local inheritance laws.
GETTING STARTED WITH YOUR WILL
Unfortunately, unprofessionally drafted wills often lead to disputes and complications when it comes to distributing the estate. We can guide you on your options and provide advice on saving estate duties and taxes. Our expertise in drafting wills ensures a smooth distribution of your assets. Contact a lawyer from ZT Legal Group for a no-obligation quote on creating a will.
WILL FOR MARRIED COUPLES
Even if you and your partner are married, you do not automatically inherit everything from each other. In many jurisdictions, children may inherit a portion of the estate immediately. A will allows for a distribution that gives the spouse a larger share than what is stipulated by law, which can help the surviving spouse remain in the home. Additionally, a will allows for a smoother division by specifying who gets which items. With a will, you can protect each other and determine how the inheritance is distributed.
WILL FOR UNMARRIED COUPLES
There may be various reasons for choosing to live together without getting married. However, this has consequences in the event of death. If you and your partner are not married, your cohabitation may not be recognized by inheritance laws, and you may not automatically inherit from each other. To ensure that your partner is provided for, it is necessary to create a will. Without a will, the estate is typically distributed according to local inheritance laws to any direct heirs, not to the partner.
Unmarried couples should draft wills in each other’s favor, otherwise, there may be no mutual right of inheritance. This applies regardless of whether you have children or how long you have lived together.
SINGLE INDIVIDUALS
If you are single and do not have direct heirs or a spouse, you can freely decide who should inherit your estate through a will. If you do not specify in a will and your closest surviving family are distant relatives, the state may inherit your estate. To avoid this and potentially benefit organizations, you need to create a will.
HOW TO CREATE A WILL
Inheritance laws are complex, and it is often not something you can handle alone. A will must be tailored to your specific situation and crafted in a way that leaves no doubt when the estate is to be distributed. A will is only valid if signed by a notary or by two witnesses, depending on your local legal requirements.
NOTARIAL WILL
Most people who draft a will seek assistance from a lawyer to ensure the will aligns with their wishes and financial circumstances. Inheritance laws can be complex but offer many options for securing the right distribution. Good advice from an inheritance lawyer is essential for finding the right solution.
A notarial will is a will that is written and signed or acknowledged before a notary. The notary does not help you draft the will but records it in a register. This ensures that the will is always brought to light and that your wishes are fulfilled. The cost of notarization may vary.
WITNESSED WILL
If you prefer not to create your will with a notary or do not have the time, you can create a will in front of two witnesses. A witnessed will saves the notary fee but comes with a higher risk of being contested. Additionally, there is a greater risk of the will being lost since it exists only in one copy.
For a witnessed will to be valid, several conditions must be met:
- The testator must sign the will in the presence of both witnesses simultaneously.
- The witnesses must immediately sign as witnesses.
- The witnesses must be legally competent and meet age requirements according to local laws.
REVIEW YOUR WILL
Everything changes over time. Therefore, it is advisable to have your will reviewed by a professional regularly. You may have had children, divorced, bought a house, or your wealth may have increased. Alternatively, inheritance laws may have changed.
If you already have a will, it is a good idea to have it reviewed regularly by a specialized lawyer, such as every three years.
PRENUPTIAL AGREEMENTS
A marriage contract that includes provisions for separate property can provide financial stability and ensure the desired division of assets and debts within the family in the event of death or separation.
Most married couples have a community of property because it is the default under many legal systems. This means that the couple must split their combined assets if they separate or divorce. Upon death, their shared property is divided between the surviving spouse and the deceased’s heirs, depending on whether a will is in place or according to inheritance laws.
With divorce rates approaching 50%, many modern families include children from previous relationships, making inheritance matters more complicated when a family member passes away. Married couples may have various reasons for establishing separate property through a marriage contract to achieve the desired division of assets in case of separation or death.
There are several options for establishing separate property. Generally, there are three types of separate property agreements:
- Divorce Separate Property: This type only applies in the event of a divorce and is rarely used, as better solutions are often achieved with the other two types.
- Full Separate Property: This type applies both in cases of divorce and death.
- Combination Separate Property: This is a mix of divorce separate property and full separate property.
You can designate separate property over:
- All assets you own
- A specific asset – for example, a vacation home
- A portion of your total assets or a specific asset – for example, 1/3 of a house
- What you acquire through inheritance or gifts
Additionally, you can specify separate property over a sum of money – for example, a portion of your total assets or a sum related to a specific asset, such as part of a house’s value.
You can also establish sum-sharing, meaning that all assets except a specified sum are treated as separate property. For example, a specified amount is treated as community property and included in the community of property.
GETTING STARTED WITH A MARRIAGE CONTRACT
Creating a marriage contract that includes provisions for separate property can be complex and should be tailored to your specific situation to avoid any misunderstandings or disputes. It’s advisable to seek the assistance of a professional lawyer to ensure that the contract aligns with your wishes and financial circumstances.
Contact a lawyer from ZT Legal Group for expert advice on drafting a marriage contract that meets your needs and provides peace of mind for you and your family
COMMUNITY PROPERTY
Community property is the most common form of asset arrangement between spouses in many countries.
Unfortunately, as professional advisors, we often encounter conflicts regarding the division of assets in cases of death, separation, or divorce. To avoid complications and misunderstandings, we always recommend drafting a marriage contract in collaboration with a lawyer specializing in inheritance law. The lawyer can provide precise information on the implications of your choices, ensuring no issues arise concerning inheritance laws.
