Inheritance Law and Probate Proceedings
Legal Certainty in Sensitive Life Situations
The Inheritance Act of the Republic of Croatia governs the transfer of assets upon the death of a natural person and determines who, when, and under what conditions acquires the right to an estate. In practice, this is a legal area that encompasses not only proprietary matters but also complex family relationships, and therefore requires a particular degree of expertise and care.
The death of a loved one frequently gives rise to a series of legal questions:
Who are the heirs? How are probate proceedings conducted?
Does a valid will exist?
Has the forced share been infringed?
What is the status of matrimonial property?
Timely and expert legal advice in the field of inheritance law is essential for the protection of rights and the avoidance of protracted disputes.
What does inheritance law govern?
Inheritance law in the Republic of Croatia is governed by the Inheritance Act. It defines the rules of intestate and testamentary succession, the position of forced heirs, the manner in which probate proceedings are conducted, and the possibilities of disposing of assets during one's lifetime.
Succession occurs upon the death of the decedent. At that moment, the heirs acquire their right of inheritance. If the decedent leaves no heirs, the estate passes as bona vacantia to the municipality or city, which in such cases holds the position of statutory heir and cannot renounce it.
Intestate succession: who inherits in the absence of a will?
Where no will exists or where a will has been declared invalid, the rules of intestate succession apply. Heirs are ranked according to classes of succession.
In the first class of succession, the decedent's children and spouse inherit in equal shares. Should a child have predeceased the decedent, their descendants take their place by right of representation.
Where the decedent leaves no descendants, the second class of succession applies. In such case, the parents and the spouse inherit. The parents share one half of the estate, while the other half passes to the spouse. In the absence of a surviving spouse, the parents inherit the entire estate. Should one parent have predeceased the decedent, that parent's share passes to their descendants.
The third and subsequent classes of succession encompass grandparents and their descendants, and more remote ancestors, in accordance with the statutory rules. In practice, the correct application of the rules on classes of succession is frequently decisive for the lawful distribution of an estate.
Will – disposition of assets in the event of death
A will enables a person to determine during their lifetime who shall inherit their estate. Any person over the age of sixteen who has testamentary capacity may execute a will.
The law recognises several forms of will, including a holographic will, a written will executed before witnesses, a public will drawn up before a notary public or court, as well as an oral will in exceptional circumstances. The validity of a will depends on the fulfilment of strictly prescribed formal requirements.
In judicial practice, proceedings contesting or challenging wills are common, particularly in cases involving doubt as to testamentary capacity, forgery, duress, or infringement of the statutory rights of forced heirs. Legal analysis of the validity of a will requires detailed knowledge of judicial practice.
Forced heirs and the forced share
Although a testator has the right to dispose freely of their estate, that freedom is not unlimited. The law protects forced heirs, who include descendants, adoptees and their descendants, and the spouse, and under certain conditions other heirs as well.
The forced share constitutes the legally guaranteed portion of the estate to which forced heirs are entitled, irrespective of the content of the will. Where the forced share has been infringed, the heir may seek a reduction of testamentary dispositions or the restitution of inter vivos gifts, within prescribed time limits and subject to prescribed conditions.
In practice, disputes frequently arise concerning the composition and valuation of the estate, the inclusion of gifts, and the determination of the actual value of real property and other assets. The law sets out in detail how the value of the estate is calculated for the purpose of determining the forced share, which gifts are added to the estate and under what conditions, and what is excluded from the estate.
Expert conduct of such proceedings and accurate prediction of their outcomes is essential for the effective protection of rights.
Probate proceedings and the distribution of assets upon death
Probate proceedings are conducted by a notary public acting as a court commissioner. In the course of the proceedings, the composition of the estate, the existence of a will, and the circle of heirs are established, following which a decision on succession is issued. What is frequently unknown to participants in probate proceedings is that questions of matrimonial (and non-marital) property may also be examined and resolved within those proceedings.
Although probate proceedings are as a rule non-contentious, disputes among heirs may lead to contentious proceedings before the competent court. The most common disputes concern the contestation of a will, claims to the forced share, determination of the composition of the estate, determination and separation of matrimonial (and non-marital) property, and the restitution of gifts.
Timely legal assistance can prevent the escalation of family disputes and significantly reduce the duration of proceedings.
Inter vivos transfer and distribution of assets
The law permits an ancestor to transfer and distribute their assets to their children and other descendants by contract during their lifetime. Such a contract must be concluded under strictly formal conditions and with the consent of all descendants who would otherwise be called to succession.
The inter vivos transfer and distribution of assets is frequently used as an estate planning tool and a means of preventing future disputes. However, an improperly drafted contract may give rise to subsequent claims relating to the forced share or challenges to the legal effects of the transfer.
Legal assistance in the field of inheritance law
Inheritance law encompasses a broad range of legal matters, from the drafting of wills and estate planning to representation in probate proceedings and in disputes arising therefrom.
Expert legal support enables a clear understanding of rights and obligations, the correct application of the law, and the effective protection of the client's interests. In sensitive life situations, legal certainty constitutes the foundation of stability and long-term resolution of proprietary relations.
Law firm Ladan and Krmpotić Llc provides comprehensive legal services in the field of inheritance law, including advice on estate planning, drafting and legal analysis of wills, protection of the rights of forced heirs, and representation in probate and contentious proceedings.
The firm provides clients with expert support in proceedings contesting wills, claims to the forced share, the division of real property, and other proprietary disputes arising from succession.
