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Inheritance law

Law firm Vaić & Dvorničić Ltd. > Inheritance law
23 April
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Inheritance right – a necessary share

Posted by admin
in Inheritance law

According to the Croatian Law on Inheritance, the right to a necessary share is an inheritance right, and the share that belongs to an individual necessary heir is called a necessary share. The necessary share of the descendants, adopted children and their descendants, and the spouse is one half, and the necessary share of the other necessary heirs is one third of the share that would belong to each of them according to the legal order of inheritance. In every way, the necessary heir has the right to receive the value of his necessary share when the calculation value of the estate...

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19 April
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Contract on support until death (with simultaneous transfer of property)

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in Inheritance law

A contract on support until death (with simultaneous transfer of property) (hereinafter: a contract on support until death) obligates one party (the support provider) to support the other party or a third party (the support recipient) until his death, and the other party is obliged to transfer all or part of his property to the first party during his lifetime. The support provider acquires things or rights that are the subject of a contract on support until death when, based on that contract, those things or rights are transferred to him in the manner of acquisition provided for by law. A...

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17 April
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Contract on lifetime support (with transfer of property after death)

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in Inheritance law

A contract on lifetime support (with transfer of property after death) (hereinafter referred to as: contract on lifetime support) obligates one party (the support provider) to support the other party or a third party (the support recipient) until his death, and the other party declares that he gives all or part of his property, with the fact that the acquisition of things and rights is postponed until the death of the support recipient. The support provider may simultaneously have contracts on lifetime support and/or contracts on support until death with up to three recipients, and a contract concluded contrary to this...

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09 March
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Dissolution of an Inheritance Community

Posted by ja4my
in Inheritance law

After a probate procedure, heirs generally become co-owners of a property, which may be a piece of land, a house, or an apartment. For an individual heir to use their inheritance, rent, sell, or mortgage the property independently and without the consent of the others, they must be the owner of the entire property. The co-owners can therefore try to amicably divide the property into parcels or the house into floors or apartments, so that each co-owner's share in the property forms a complete unit. However, if the amicable division does not occur, the co-owners can initiate an uncontested procedure to dissolve...

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13 February
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Contesting a will in Croatia: reasons, deadlines & legal matters

Posted by admin
in Inheritance law

Inheritance law in Croatia regulates the transfer of assets after the death of a person, either by law or by will. Anyone can designate an heir and regulate their rights in a will. Here we explain why and how wills can be contested. reasons for contesting a will: Defects in the testator's will: A will can be contested if the testator made it under duress, threat, deception, or error. The application must be made within one year of becoming aware of the grounds for contesting the will, but no later than ten years after the will was made. Lack of prescribed...

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20 November
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Inheritance law in the republic of Croatia

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in Inheritance law

Inheritance law in the Republic of Croatia is regulated by the Inheritance Act. All natural persons are considered equal under the same assumptions in inheritance. Foreigners are, assuming reciprocity, equal in inheritance to citizens of the Republic of Croatia. Reciprocity is presumed until proven otherwise upon the request of a person with a legal interest in the matter. Inheritance occurs due to the death of a natural person and at the moment of their death. The person who acquires inheritance rights through their death is the heir. Every person is capable of inheriting unless otherwise specified by law. Whoever inherits a...

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08 November
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Contract for support until death

Posted by Vaic
in Contract law, Inheritance law

By a Contract for Support until Death, one party (the support provider) undertakes to support the other party or a third person (the support recipient) until their death, and the other party undertakes, in return, to transfer all or part of their property during their lifetime. The support provider acquires property or rights that are the subject of the Contract for Support until Death when these properties or rights are transferred in accordance with the law provided in the contract. The Contract for Support until Death is a strictly formal contract, which means that it must be concluded in writing and...

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27 October
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A lifetime support contract

Posted by Vaic
in Contract law, Inheritance law, News

With the lifetime support contract one party (the support provider) commits to support the other party or the third party (the recipient of the support) until his death, and the other party commits to giving all of its property or a part of it - with the acquisition of the property and rights being delayed until the moment of death of the recipient. Concluding a lifetime maintenance contract A lifetime support contract must be drawn up in writing and certified by a judge of the competent court or confirmed (solemnized) by a notary public or drawn up in the form of a...

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29 June
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Tax specifities and differences between Germany and Croatia

Posted by Vaic
in Inheritance law, Property law, Real estate law, Tax law

This article lists the tax specifics, i.e. the differences between the Federal Republic of Germany and the Republic of Croatia in terms of real estate levies, inheritance taxes and tax liabilities depending on the taxpayer’s residence. The differences in the tax arrangements of these two countries are not negligible, thus we present some of them. Real estate levies In the Republic of Croatia, property owners do not pay the annual real estate tax, unless it is a holiday home, but a fee is paid in the form of a utility fee, which must be determined by a decision on the utility fee....

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06 June
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Means of Acquisition of Ownership in the Republic of Croatia

Posted by Vaic
in Contract law, Inheritance law, Land registry law, Real estate law

There are several ways of acquisition of ownership in the Republic of Croatia, namely: by legal act by judicial decision or decision of another competent authority by succession and by law. For the acquisition of ownership, the general requirements prescribed by the Act on Ownership and Other real Rights must be met – that is, the ability of the property to be the object of ownership, the ability of the acquirer to acquire the right of ownership and a valid legal basis for the acquisition.Depending on means of acquisition (movable or immovable property), also some other specific requirements need to be satisfied. Besides earlier mentioned general...

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