Inheritance law is a branch of civil law that deals with the property legal consequences that arise in the event of someone’s death. Inheritance law answers the question of who has the right to inherit the deceased person’s property (the estate) and under what conditions.
In addition to matters related to the estate, inheritance law also regulates two types of contracts recognized by our legal system, namely the Contract for Lifetime Maintenance and the Contract for the Transfer and Distribution of Property during Life. Finally, inheritance law also regulates various institutes, such as delivery, bequests, compulsory shares, and others.
Upon the death of an individual, all property they owned (the estate), as well as all rights and obligations that are inheritable by their nature, pass to their legal and testamentary heirs. Depending on this, two bases for inheritance are distinguished: law and testament.
Legal Framework for Inheritance Law in Serbia
The primary source of law for all material inheritance matters in the Republic of Serbia is the Inheritance Law, while the process of administering the estate is regulated by the Law on Non-Contentious Procedure. In addition to these, there are numerous other legal and sub-legal acts that regulate specific matters with an inheritance law character.
Inheritance law is a legal field that is, one could say, closest to the public, as most people are familiar with at least the basic rules and principles of inheritance in Serbia. However, the complexity of inheritance law is much greater, and even top experts in the field often encounter difficulties when applying inheritance regulations. To ensure that your property interests are properly protected and to be safeguarded from the very beginning of the estate procedure in which you have a legal interest, it is advisable to hire an attorney who is familiar with inheritance regulations and has extensive experience in their application.
Our team of inheritance law experts has extensive experience in resolving inheritance disputes, representing clients in estate administration proceedings, drafting testaments, initiating court disputes arising from inheritance relationships, as well as in many other matters related to legal analysis and the application of inheritance regulations. In addition to numerous proceedings where we have aimed to protect the interests of domestic clients as legal or testamentary heirs, we also have significant experience working with foreign nationals as potential heirs.
Inheritance by Law (Statutory Inheritance)
The primary basis for inheritance in the Republic of Serbia is the Inheritance Law. This legal act defines and precisely determines the order of inheritance. The rules of statutory inheritance apply when the decedent has not made a will or when the will made is legally invalid or does not cover all the property left by the deceased.
Even in situations where a will exists, certain legal rules still apply, such as those concerning the compulsory share. The basic rule of statutory inheritance is that inheritance occurs in a sequence of heirs, with a subsidiary relationship between them. This means that as long as there is at least one heir from a closer order of inheritance, individuals from more distant orders will be excluded from inheriting. For example, if there is at least one heir from the first order of inheritance, individuals from the second order will not be called to inherit.
There is only one exception to this rule, which applies when the decedent leaves behind a spouse. In this case, the spouse will not be the sole heir (even though they belong to the first order), but will instead be considered an heir from the second order, inheriting the estate together with the parents or their descendants.
Some of the key institutes specific to statutory inheritance are:
1. Inheritance Orders
The order of inheritance is determined by inheritance orders, using the institutes of representation and accrual. The structure of inheritance orders is as follows:
- First inheritance order – descendants of the decedent and the spouse, who inherit in equal shares.
- Second inheritance order – parents of the decedent and the spouse, with the spouse inheriting half the estate and the other half divided equally between the parents.
- Third inheritance order – grandparents and their descendants (uncles, aunts, etc.).
- Fourth inheritance order – great-grandparents.
- Other inheritance orders – consisting of the decedent’s ancestors.
- Republic of Serbia as the last statutory heir.
2. Right of Representation
The right of representation is applied only in statutory inheritance, not in testamentary inheritance, and it applies to the first three inheritance orders. From the fourth inheritance order onward, its application is excluded. It means that if a decedent’s statutory heir cannot or will not inherit, their share will pass to their descendants, who will divide it equally. For example, if the decedent has two children called to inherit, and one child predeceased the decedent and had two children (the decedent’s grandchildren), the estate will be inherited by the living child, who will receive half, and the other half, which would have gone to the deceased child, will be inherited by the decedent’s grandchildren under the right of representation, with each grandchild receiving ¼.
In cases where the right of representation is excluded – from the fourth inheritance order onward or in testamentary inheritance – the right of accrual applies. This means that the share of the heir who cannot or will not inherit is transferred to the other heirs equally.
3. Compulsory Share
Not all statutory heirs have the status of compulsory heirs, but only some. These include: descendants (including adopted children and their descendants), the spouse, parents (including adopters), siblings, grandparents, and other ancestors. The compulsory share is a portion of the estate that the decedent cannot dispose of through a will, meaning even if a will is made, the decedent cannot deprive a compulsory heir of the portion that must legally be allocated to them.
The compulsory share is linked to two sets of legal provisions: those regulating the exclusion of compulsory heirs (due to a severe violation of a legal or moral obligation) and those governing the disinheritance of compulsory heirs (for example, due to squandering or excessive debt). A compulsory heir who is called to inherit always receives their share, except if they are excluded or disinherited according to strict legal conditions.
Our team is particularly proud of successfully providing legal assistance to a large number of individuals with compulsory heir status, ensuring their rights to the compulsory share are upheld when previously violated.
Contract for Lifetime Maintenance
The Contract for Lifetime Maintenance is one of the most frequently used contracts in inheritance law, where the decedent transfers their property during their lifetime in exchange for maintenance. This agreement ensures the provision of necessary care (food, accommodation, medical treatment, etc.) in exchange for the heir receiving the property after the decedent’s death. When drafting this contract, ensuring its legal validity and protecting the rights of all involved parties is crucial. Our team specializes in inheritance law and provides comprehensive legal support in drafting contracts for lifetime maintenance.
Given that this contract often becomes the subject of disputes among potential heirs, hiring a lawyer specialized in inheritance law helps avoid future legal problems and ensures legal security for all parties involved.
Inheritance based on a will (testamentary inheritance)
A natural person who wants their property to go to others upon their death, rather than those who are legally entitled to inherit by law, can create a will, commonly known as a testament. A will is a unilateral, personal, formal, and revocable declaration of intent, through which a person allocates their property for the event of their death, effectively excluding the application of legal provisions regarding inheritance and statutory inheritance. Therefore, it can be said that statutory inheritance is subsidiary to testamentary inheritance.
1. Testamentary capacity and the form of a will
Any person who is capable of judgment and has reached the age of 15 may create a will. The freedom to choose the form of the will is absolute, and everyone has the right to choose any of the forms prescribed by law. Depending on the form chosen, the following types of wills exist: handwritten will, written will before witnesses, court will, consular will, international will, maritime will, military will, and oral will.
You will not need a lawyer for inheritance law when drafting all the aforementioned types of wills. For example, the involvement of a lawyer when creating a handwritten will is excluded, but this form of will does not carry much evidential weight and is prone to being successfully contested. For this reason, to ensure complete protection and establish legal security, it is advisable to consult a lawyer first about which will is the best option for you, and then entrust the drafting of the will to a lawyer specialized in inheritance law. Our law firm, with years of experience, has drafted many wills with a careful, thorough, and strictly professional approach, ensuring that the testator’s wishes are fully respected. It is particularly important to emphasize that none of the wills drafted by our law firm has been successfully contested, despite numerous attempts.
2. Content of the will
The minimum elements of any will include the identification of the person who will inherit the estate or a portion of it. The will does not need to explicitly state the names of the heirs; it is enough to provide information based on which the testamentary heirs can be identified. In addition to the information identifying the testamentary heirs, the will may also include defined deadlines and conditions upon which the acquisition or loss of heir status depends. Additionally, the testator can specify the size of the inheritance share for each testamentary heir. If they do not do so, the inheritance shares are assumed to be equal.
If you decide to allocate your property for the event of your death, you can contact us, and we will provide you with the best possible service. The starting premise of our successful work in inheritance law is a detailed and comprehensive legal analysis of your case, as well as continuous communication with clients, respecting and considering their views and expressed opinions.
3. Contesting and revoking a will
Wills can be contested if they are invalid or revocable. The Law on Inheritance generally stipulates that any will must be in accordance with mandatory regulations, public order, and good customs, or else it will be considered null and void. A will created by a person without testamentary capacity or a forged will will also be considered null.
Furthermore, revocable wills can be contested. These are wills created by someone incapable of judgment, or those created under threat, coercion, or fraud, or based on false beliefs regarding facts that were decisive in creating the will. Finally, revocable wills are those that were not created in the form or under the conditions prescribed by the Inheritance Law. A null will can be contested at any time, as it is not subject to any legal time limits. However, revocable wills have clearly defined time limits during which actions can be taken to annul such a will. If the prescribed time limits are missed, the revocable will becomes validated.
Considering that there are strict legal rules, which are often abstract and difficult to understand and apply correctly, it is advisable that if you want to dispose of your property upon death, you engage a lawyer specializing in inheritance law who will guide you on the safest legal path. Additionally, if you find yourself in a situation where you have a legal interest in contesting a will, you can contact us to protect your inheritance rights and legal interests in the best possible way.
Our law firm has handled numerous civil lawsuits involving the contesting of wills, and in the majority of such cases, we have successfully achieved the best possible outcome for our clients. The key to our success in these cases is a comprehensive legal analysis, a personalized approach to each client, transparent work, and the proper application of regulations, considering the specifics of each individual case.
4. Legat
Legat is a special inheritance law concept that occurs when the testator leaves one or more specific individuals a particular item or items in their will. The subject of legat does not have to be exclusively a physical item (such as a car, family house, or expensive watch); it can also be an action that must be performed for the benefit of the recipient (such as debt release or support).
Our team of inheritance law lawyers, using the knowledge gained and guided by experience in resolving legal problems related to legat, can provide you with the necessary legal assistance to overcome any issues, from understanding the legal nature and function of legat inheritance to its practical application.
Conditions for (statutory and testamentary) inheritance
To have the status of an heir, whether statutory or testamentary, a person must meet certain conditions prescribed by the Law on Inheritance. First, the person must be capable of inheritance (alive or existing at the time of the testator’s death), worthy of inheritance, not deprived of a mandatory share or excluded from inheritance, and willing to inherit. In the case of foreign nationals, particular attention is paid to the issue of reciprocity with the given foreign state.
Starting the inheritance procedure
Starting the inheritance procedure is crucial for resolving property relations after the testator’s death. This process is initiated before a public notary or court by submitting a proposal for the distribution of the estate. The proposal must include all relevant information about the deceased, potential heirs, and the property that constitutes the estate.
Given the complexity of the process and potential legal challenges, hiring a lawyer specializing in inheritance law can be crucial for protecting your interests. A lawyer can assist you with preparing documentation, verifying the legal validity of a will, and representing you in the inheritance process, especially since inheritance procedures often involve disputes among heirs about their right to inherit and the size of their share, which usually leads to a lawsuit to determine inheritance rights.
With timely initiation of the inheritance procedure and expert legal support, complications and potential disputes among heirs can be avoided. Our team, specializing in inheritance law, provides effective and personalized services at all stages of the process. Contact us to ensure that your rights and interests are adequately protected.
Inheritance contracts
Inheritance contracts allow the testator’s property to be transferred to heirs under specific conditions defined in advance. These contracts represent a flexible solution for distributing property during the testator’s lifetime, which can help avoid potential disputes after their death. These include the Lifetime Maintenance Agreement and the Agreement for the Transfer and Distribution of Property During Life.
These contracts must be drafted in strict accordance with legal requirements to be legally valid. Hiring a lawyer specializing in inheritance law is essential for properly drafting these contracts and ensuring the protection of all parties’ interests.
Inheritance tax
In the Republic of Serbia, inheritance tax is paid by heirs according to the law, with the tax amount depending on the value of the inherited property and the degree of kinship with the testator.
Close heirs, such as children and spouses, are exempt from inheritance tax. On the other hand, for heirs in further inheritance lines, the tax is calculated at rates defined by legal acts. Additionally, certain types of property, such as agricultural land or culturally and historically significant buildings, are exempt from the tax, but it is still necessary to determine the specific legal grounds.
To avoid unpleasant situations and potential mistakes in tax calculations, it is advisable to engage an inheritance lawyer who can provide expert assistance in preparing documentation and communicating with the relevant authorities. Our team of lawyers offers comprehensive services related to inheritance law, including legal analysis of inheritance tax and representation before tax authorities.
Legal services we provide
Our law firm has extensive experience in the field of inheritance law and is dedicated to providing the necessary and expert legal support in resolving all inheritance-related issues. No matter how complex and intricate your inheritance law issue is, our team of lawyers can assist you in resolving it with a conscientious, efficient, and professional approach. We take an individual approach to each client and handle each issue with maximum dedication and full attention.
Depending on clients’ needs, we provide the following legal assistance:
- Providing verbal and written legal advice;
- Drafting all forms of wills (except court and handwritten wills);
- Drafting contracts in inheritance law (Lifetime Maintenance Agreements and Agreements for the Transfer and Distribution of Property During Life);
- Legal analysis and interpretation of inheritance acts and regulations;
- Drafting proposals to initiate the inheritance procedure and representing clients during the process;
- Initiating and representing clients in procedures for declaring a missing person dead, as well as procedures for proving death;
- Initiating and representing clients in procedures for proving destroyed, lost, or hidden wills;
- Initiating and representing clients in proceedings resolving disputes between heirs.
Our goal is to provide legal security and protection for our clients, from document preparation to representation in court. We approach each client individually, focusing on efficient and practical solutions tailored to their specific needs.
Frequently Asked Questions:
Those with the right to inherit are statutory heirs according to the inheritance lines. The first line of heirs includes children and spouses; if they are absent, the right to inherit passes to the next line. If there are no heirs, the property passes to the state.
If no will exists, the property is distributed according to the statutory inheritance rules. This means that inheritance lines and the rules regarding the mandatory share apply.
A will can be contested if it was not made in accordance with the law, if the testator was incapable of judgment, or if the will was made under coercion, threat, or fraud. The time limits for contesting depend on the specific circumstances.
Close heirs, such as children and spouses, are exempt from inheritance tax. Other heirs pay tax, which is determined based on the value of the property and the degree of kinship.”