Areas of work

Inheritance right

Inheritance right

What is inheritance law?

Inheritance law is a set of legal rules which, in the event of the death of one person – the testator, regulate the transfer of his property (that is, his subjective rights and obligations) to other persons, i.e. his heirs. A lawyer for inheritance law and property law issues can help you navigate the often very complex processes of inheritance.

Inheritance of property is governed by the Act on Inheritance, which regulates the rules by which the court, other bodies and authorized persons act in matters of inheritance. Any natural person can inherit, and every person is capable of inheriting, unless the law stipulates otherwise.

Who has the right of inheritance?

The testator is succeeded by the heir, i.e. the one who acquired the right of inheritance upon his death. In the event that the testator did not leave a will, based on the law, his legal heirs inherit him according to the order of succession, so we distinguish between legal and testamentary heirs.

Agreement on life and death support

Contracts on lifelong maintenance and lifelong maintenance are often abused in Croatia, since maintenance providers often do not take care of the maintenance recipients in accordance with the contract, and in return, as a rule, receive real estate from the maintenance recipient. Persons who are not related to each other often profit from this contract, and after the death of the testator, litigation often breaks out between the family and the provider of maintenance.

Therefore, it is recommended that elderly people divide their assets in the way they want during their lifetime, preferably with a contract on assignment and distribution of assets. It is important to emphasize that the contract must be made while the person is still fully capable of reasoning, and that it is possible to contract the right of lifelong residence in favor of the testator, as well as the prohibition of alienation and encumbrance of real estate.

  Services offered by the Nino Ćosić law office:

  • drawing up a contract on lifelong and lifelong alimony;
  • drafting of private wills;
  • drafting of inheritance-legal contracts and gift contracts;
  • drafting of documents in the area of ​​inheritance law (e.g. contracts on transfer and distribution of assets during life);
  • initiating probate proceedings on behalf of the heir before the competent domestic and foreign authority;
  • collection of data on the decedent’s assets in and outside the Republic of Croatia;
  • representation in probate proceedings. li>
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