Inheritance conflicts in Algeria and the role of the specialized succession lawyer in their resolution

• Unequal distribution of assets by the deceased person: some heirs may feel aggrieved by the distribution made during the lifetime of the deceased.
• Omission of assets or debts: the discovery of which can generate conflicts.
• Pre-existing family conflicts: pre-existing tensions that may escalate during succession such as rivalries or unresolved disputes.
• Negative external influence: interference from friends, spouses, or other members of the heirs can generate family conflicts during the distribution of the estate.
• Guardianship issues of children: disagreements may arise regarding the best person to assume this responsibility.
• Recognition problems of the will: in cases where the person has left a will (within the limits of one-third in Algerian law) to a person outside the succession.

Heirs residing abroad: the “frédha” inheritance distribution requiring the presence of all heirs, the non-presentation of an heir can delay the succession.

What are the consequences of a succession conflict?

     An inheritance conflict can have negative consequences on family life including:

• Deterioration of family relationships: creating lasting tensions sometimes even irreparable.
• Emotional stress: which adds to the loss of a loved one.
• Financial costs: in case of resorting to justice or delay in managing the estate.
• Duration of inheritance disputes: which can extend over several years.
• Damage to the family’s reputation: as family quarrels tend to spread into the public sphere.
• Long-term division of the family: even after the conflict is resolved, family relationships may remain strained and affect family dynamics and impact future generations.

How can mediation and mediation-supporting lawyers contribute to resolving an inheritance conflict?

     As resorting to justice generally only exacerbates disputes among relatives, resorting to mediation and amicable negotiation by engaging a lawyer specializing in inheritance law may be necessary to achieve equitable solutions. Understanding the underlying reasons fueling the conflict can greatly contribute to its resolution. In Algeria, recourse to mediation and amicable resolution plays a crucial role in managing inheritance conflicts, offering a constructive alternative to often lengthy and costly judicial procedures. Faced with inheritance disputes, involving a specialist inheritance lawyer from the outset of the process can be essential. While the professional mediator can restore dialogue between conflicting heirs, the inheritance specialist lawyer can, in the context of mediation, act as a legal advisor, ensuring that all proposals comply with current legislation and reach a valid agreement.