INHERITANCE LAW

The “Ječmenica R. Ivan” law office represents clients in the area of inheritance law. We are characterized by a studious and analytical approach, along with a willingness to do research, all in order to protect the interests of our clients.

The role of a lawyer in solving inheritance law issues can be essential . Namely, at the very beginning, the lawyer, with his legal analysis, enables the client to understand all the legal aspects of the life situation in which he finds himself. Thus, the client is taught about his rights in connection with the legacy, as well as the most expedient legal technique to achieve them. After this introductory phase, lawyers from our office undertake specific legal actions in order to protect your legitimate interests. These legal actions can consist of submitting a request to initiate probate proceedings, asserting a request to exercise the right to the necessary inheritance , determining what is included in the inheritance, representation at hearings , and more.

Inheritance law in our country is regulated by the Law on Inheritance , as the most important material source of inheritance law. According to it, there are two legal bases on which the inheritance rights of a person rest . The first legal basis for inheritance is the law, and therefore this mode of inheritance is called legal inheritance . The second legal basis for inheritance is the will , and therefore this mode of inheritance is called testamentary inheritance .

The legal regime of inheritance is applied if the testator did not make a will or a lifetime maintenance contract before his death, or if he did not dispose of the entire inheritance through a will or lifetime maintenance contract. The Law on Inheritance recognizes 4 lines of succession , whereby the principle of exclusivity applies between the lines of succession. This implies that if there are members of a higher order of inheritance, then they inherit all the inheritance, while members of a lower order of inheritance are excluded from inheritance. The decedent’s descendants and his spouse appear as members of the first line of succession, followed by the parents and their descendants, as members of the second line of succession. Then it’s the turn of the grandparents and their descendants, as members of the third line of succession, to finally inherit the great-grandparents.

On the other hand, testamentary inheritance is based on the existence of a will , as an expression of the last will of the testator regarding the distribution of his property after death. The testator does not have absolute and unlimited freedom regarding the disposal of his property, bearing in mind that there is an institute of necessary inheritance , which protects the testator’s closest relatives. In order for a will to be valid, it is necessary that it be made in the form prescribed by law , whereby the Law on Inheritance prescribes as many as 9 different forms of will that are available to a person. Our law office for inheritance law provides legal assistance when drafting a will , by indicating to clients which procedural requirements must be met and assisting them with the legal formulation of the last will.

The procedure of discussing the inheritance of a person is called the probate procedure . Probate proceedings are, as a rule, initiated ex officio by the court after the registrar submits the death certificate for the testator. If this is not the case, it is necessary to submit a request for initiation of probate proceedings , in which legal assistance can be provided by our law office for inheritance law. In practice, courts entrust the implementation of probate proceedings to notaries public , so that all legally relevant actions are taken at hearings in the notary’s office.

To summarize, within our law office for inheritance law, you can receive the following services in the domain of inheritance law:

• Initiation of probate proceedings

• Representation of parties in probate proceedings

• Registration of immovable property after carrying out the probate procedure

• Drafting wills

• Execution of wills

• Drafting of a lifetime maintenance contract

• Drawing up a contract on the distribution of assets during life

• Drafting of the contract on the transfer of the hereditary share

• Litigation arising during probate proceedings

• All other segments of inheritance rights