INHERITANCE LAW
FAMILY LAW
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:
Drawing up a will
If you are thinking about distribution of your property in the event of death and wish to distribute it how you want, our lawyers can advise you and draw up an appropriate will/testament for you.
Legal inheritance
If there is no will after the death of the testator, the rules of legal inheritance apply. Our law office provides legal assistance to heirs in order to exercise their right to legal inheritance.
The right to the necessary part
A certain circle of legal heirs has the right to the necessary part of the inheritance, even when the testator has left them nothing in the will.
Exclusion of the heir
If the heir has committed a serious offense against the testator or someone close to him, there is a possibility of exclusion from the right to inherit.
Annulment of a will
If you suspect that a will has been falsified or that the person who left it at the time of disposal was incapable of reasoning, it is possible to initiate proceedings to annul such will and apply the rules of legal inheritance instead.
Probate proceedings
After the death of the testator, it is necessary to conduct probate proceedings or later litigation regarding the right to inheritance. Our lawyers can help you through representation in court in all types of proceedings regarding the right to inheritance.
Inheritance disputes
In situations where, for example, there is a disagreement between the heirs about which property should constitute the inheritance, whether one of the heirs has the right to inherit or not, whether the heir has violated the right to the necessary part, our lawyers can help you through representation in civil proceedings for the purpose of exercising your right to inheritance.
Lifetime maintenance contract
A lifetime maintenance contract is a common way of ensuring that the testator is cared for in old age and that the person supporting him is adequately rewarded through the acquisition of property rights over the testator’s real estate.
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
Legal inheritance
Right to the necessary part
Exclusion of heirs
Annulment the will
Probate proceedings
Inheritance disputes
Lifetime maintenance contract
