Meeting without acceptance of inheritance

You are a manager of a company and have sent a meeting notice to all partners, but you have learned about the death of one of them. In addition, the person claiming to represent the "vacant inheritance" of the deceased partner has informed you that they will attend the meeting.

Well, a vacant inheritance is one whose potential heirs have not yet accepted it; hence it temporarily lacks an owner until it is accepted. However, even though the vacant inheritance does not have an owner, it can have a representative, who is the one who wants to attend the meeting, if applicable.

Therefore, see what condition the representative can claim in order to base their legitimacy to attend the meeting, as well as the documentation you should request from them in this regard:

• Heirs. If there are several heirs, they must appoint, by majority agreement, a representative of the inheritance. Therefore, in order for you to verify their legitimacy, ask for a copy of that agreement: if they provide it, they will be able to attend the meeting.

• Executor. Any person – in this case, the deceased partner – can appoint a specific person in their will to carry out their wishes (the executor), which includes the custody of their assets until the inheritance is accepted. This means that the executor can attend the meeting. To verify this, request a copy of the will and confirm the appointment to the position and its scope (i. e., that among the assets they must manage, the deceased partner's shares are included).

• Judicial administrator. If there is no executor or an agreement among the heirs to appoint a representative of the vacant inheritance, the judge can appoint a person to administer the inheritance assets. In this case, you should request from the alleged administrator a copy of the court resolution stating their appointment.

If the documentation proves the representation, you cannot refuse the representative from attending the meeting and exercising the corresponding rights.

 

 

Our professionals will help and legally advise you in these types of situations, whether you are a manager or a potential heir of a vacant inheritance.