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

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.

1. 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 form: A valid will must comply with the statutory forms—handwritten, in writing before witnesses, publicly, or orally in exceptional circumstances before two witnesses present at the same time. Contestation due to lack of form can be made within one year of becoming aware of it, or at the latest ten years after the declaration of the will. Dispositions that conflict with the compulsory portion: Heirs to a compulsory portion—descendants, adopted children, or spouse—can contest testamentary dispositions that violate their compulsory portion. The challenge must be made within three years of the declaration in the will.
2. physical and psychological coercion: Case law distinguishes between physical use of force and psychological coercion pressure on the will. Both types can lead to the annulment of a will.
3. Mandatory heirs and their rights:
   Compulsory heirs have the right to their compulsory portion, which is half for descendants, adopted children and spouses, and one third for other compulsory heirs. Dispositions that contradict these rights can be contested.