Most people avoid thinking about moment when their inheritance will be discussed and the possibility of distribution their property by will. However, life is such that postponing the decision on the distribution of property can lead to bad family relations after the death of a family member. Therefore, we recommend that persons who have valuable immovable property make a will and thus determine how their property will be divided among the heirs.
We can advise you on all aspects of inheritance law, such as protecting the rights of your heirs when making a will, how to exercise inheritance rights in the event of a fictitious lifetime maintenance contract, or what you need to do to protect your necessary inheritance.
Our inheritance lawyers advise and represent clients in the following cases:
How to initiate probate proceedings
Initiation of probate proceedings in cases when the testator left behind immovable property is initiated ex officio by the court. This means that the court initiates probate proceedings on its own initiative as soon as it finds out that a person has passed away and has left immovable property behind. The primary obligation to notify the court should come from the registrar who keeps the death registers. However, in practice, registrars often need a lot of time to inform the court, which means that the courts usually find out about the death of a person only from the heir through the receipt of a proposal to initiate probate proceedings. Due to the relative slowness of the courts, in order to speed up the procedure, it is desirable for one of the heirs to submit a request to initiate probate proceedings.
New heir or new will
If an heir who did not have the opportunity to participate in the procedure appears after the termination of the probate procedure, the probate procedure will not be reopened, so only possibility which new heir has, in order to exercise his right to inheritance, is to file a lawsuit in the competent court.
It is similar if the testator’s testament, which was lost or hidden, is subsequently found. The court will not open probate proceedings, but will inform the interested heirs that they can exercise their rights through civil proceedings, by filing a lawsuit.
OTKRIJTE VIŠE O TOME KAKO VAM MOŽEMO POMOĆI
Drawing up a will
Right to the necessary part
Exclusion of heirs
Annulment the will
Lifetime maintenance contract