- What is inheritance capture or diversion?
- Misappropriation of inheritance: what remedies are possible?
The misappropriation of inheritance is a fraudulent practice aimed at capturing the property and possessions of the victims to the detriment of their legitimate heirs. Definition and examples, profiles of victims and possible remedies... the inheritance diversion detailed in this article.
What is inheritance capture or diversion?
Unfortunately, it is not uncommon for the most vulnerable people to be the victims of fraudulent practices called "uptake" or "diversion of inheritance".
Maneuvers aimed at getting vulnerable people to divest their property for the benefit of dishonest beneficiaries. The authors of these practices are thus rewarded by donations, or even find themselves lying on the testament of their victim.
Typical profile of victims of inheritance diversion, of people vulnerable to:
- their age;
- a sickness;
- a physical or mental disability;
- a psychological weakness.
Example: we can observe this kind of relationship between a patient and his caregiver, or a senior and his home help...
To note: some professions (including medical) are however regulated in order to protect these vulnerable people from any fraudulent maneuver. Some trades are prohibited from collecting donations or Legacy wanted by their patients.
Misappropriation of inheritance: what remedies are possible?
The Penal Code defines inheritance diversion as a abuse of weakness and vulnerability.
Indeed, it is a question here of abusing ignorance, weakness (physical or psychological) and vulnerability of a person, by applying techniques of pressure and impaired judgment, in order to lead the victim to an act that is, however, dangerously prejudicial to him.
The penalties incurred for inheritance:
- 3 years in prison;
- 375,000 euros fine.
However, the most difficult thing here is to prove that there has been a diversion of inheritance. For this, the injured heirs must seek and collect evidence of the fraudulent act.
All these elements that will have to be presented to the judge and will make it possible to demonstrate that the victim was abused and manipulated, and that consequently he would have had to agree to grant his property to the fraudster.
The heirs thus despoiled or the victim himself, must here address to a lawyer specializing in the right of succession.