Law of inheritance
If the decendent makes a valid will, heirs will inherit on the basis of that will that the decendent has prepared before his death and represents his last will.
Every diligent man ensures that before or after his death the property comes in the hands of the person whom he thinks deserves it. By the same time the decendent must be aware of and observe legal restrictions. A law of inheritance is a branch of law governing the passage of the deceased’s property (legacy) to his successors-heirs and legatees, and which sets the restrictions that every decendent must take into account.
If the decendent makes a valid will, heirs will inherit on the basis of that will that the decendent has prepared before his death and represents his last will. If there is no valid will, the decendent’s property will be inherited under the rules of the law (intestate succession). In principle, the decendent can freely dispose of his property – both for life and for death. The decendent is only limited by the statutory provisions on the statutory portion – the decendent must leave a certain share to his descendants (natural and adopted) and to his parents or adoptive parents. Prior to the death of the decendent, the decendent can exclude a heir from intestate succession if one of the legitimate reasons is given. The heirs have the same right after the death of the decendent (to exclude a certain heir from intestate succession). Only if there are no heirs or the heirs do not want to inherit decendent’s estate, the descendent’s estate is transferred to the state. There are also other legal restrictions on inheritance, for example, in the inheritance of a protected farm.
Despite apparently clear legislation, inheritance matter can become very complicated. Just the composition of a will, namely how (in what form) should the will be made to be valid, can be very complicated. Every decendent wants to fairly divide his property among his heirs. Many desendents, however, want to ensure the care for themselves (and possibly for their partner) when they make up their will in case they won’t be able to take care for themselves. For that reason the decendent decides between the composition of the will or the conclusion of the deed of conveyance, the contract of annuity for life or the contract of jointure. In this context, the question of the content of the will is posed, the question of legal constraints, and, last but not least, which legal transaction is legally and of fact appropriate in a particular situation.
Tekom zapuščinskega postopka je največkrat sporna veljavnosti oporoke ali drugih pravnih poslov za primer smrti tako zaradi oblike kot tudi vsebine. Prav zato sestavljamo oporoke in druge pravne posle za primer smrti, ki preprečijo pravde med dediči. Po smrti vašega bližnjega vam pomagamo tekom celotnega postopka, in sicer pri sestavi smrtovnice, v postopku zapuščinske obravnave, v morebitnem pravdnem postopku ali kasneje pri razdelitvi dediščine med dediči.
During the probate proceeding the validity of will or other legal transaction in the case of death is often disputed due to both form and content. That is why we are setting up wills and other legal transactions in the event of death that prevent justice among heirs. After the death of your neighbor, we help you during the whole procedure, namely, in the composition of the death certificate, in the process of inheritance, in a civil litigation procedure or later in the distribution of inheritance among heirs.
If desired, we will store the will in accordance with the law.
Probate proceeding and probate hearing
Probate proceeding is a special court procedure in which the court finds out who the deceased’s heirs are, what is the legacy, and what rights from the inheritance go to heirs, legatees and other persons. The probate proceeding shall be instituted ex officio, as soon as the court finds out that someone has died or has been declared dead.
If, according to the information from the coroner’s certificate, the deceased did not left any property, the probate court decides that the probate hearing will not be carried out. The probate hearing will also not be carried out if the deceased only left movable property, but none of those who are entitled to inherit does not require probate hearing. Otherwise, the probate hearing will be carried out. The probate hearing deals will all questions regarding inheritance, in particular the right to inheritance, the size of the share of inheritance share and the right to legacy.
If there are controversial facts between the parties of the probate hearing and a party’s right depends on these facts, probate court shall interrupt the probate hearing and refer parties to a suit or to administrative procedure.
In case of the death of the deceased, we represent the heirs in probate hearing in the enforcement of their rights from the testamentary and legal inheritance at the hearing. We provide for the determination of the value of the estate, for the rights of urgent heirs, for the reduction of testative dispositions, if this affects the urgent share, the transfer of the inheritance share, for representation in civil and administrative procedures.
Inheritance action and action to exclude property from the inheritance
If the person, who is involved in the inheritance proceeding as heir, is in fact not an heir, other heirs may file the inheritance action to protect their inheritance rights. The inheritance action against bona fide possessor become statute-barred in one year after the actual heir has learned of his right and for the possessor, and at the latest within ten years. The inheritance action against the mala fide possessor become statue-barred within twenty years.