Inheritance right – a necessary share

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 is divided by the size of his necessary inheritance right (value of the necessary share).

Calculation of the value of the necessary share

  1. The value of the estate, based on which the value of the necessary share is calculated, is determined as follows:
  1. First, all the assets that the decedent had at the time of death should be listed and evaluated, including everything that he disposed of by will, as well as all his claims, including those he has against an heir, except for claims that are clearly uncollectible.
  2. The amount of the decedent’s debts, the amount of the costs of the inventory and assessment of the estate and the costs of the burial of the decedent are deducted from the determined value of the assets that the decedent had at the time of death.
  3. The value of all gifts that the decedent made in any way to a legal heir, regardless of whether he inherits, including gifts made to heirs who renounce the inheritance, as well as those gifts that the decedent ordered not to be counted in the necessary share, is added to the resulting remainder.
  4. The value of gifts made by the decedent in the last year of his life to other persons who are not legal heirs, except for smaller customary gifts, is added to this.

In the sense of this Law, the waiver of rights, forgiveness of debt, what the decedent gave to the heir during his lifetime in the name of the inheritance part, or for the purpose of establishing or expanding the household, or for the purpose of carrying out a profession, as well as any other disposition without compensation, are also considered a gift.

When evaluating a gift, the value of the gifted thing is taken at the time of the decedent’s death, and according to its condition at the time of gifting.

We point out that there is no legal obligation of other heirs to pay the necessary heir the value of his necessary part, because he can get that value by, for example, a co-ownership share in the inherited thing in such a way that the value of that share corresponds to the value of the necessary share.

Assets that are separated from the estate

Regardless of their inheritance rights, the decedent’s descendant who lived with the decedent in a community and contributed to the increase of his property with his work or donations, at the time of decedent’s death acquires the right to that part of the inheritance that corresponds to the value by which his contribution increased the property while they lived in community. The portion thus set aside does not belong to the estate and is not considered when calculating the necessary share, nor is it included in the heir’s inheritance.

The right to submit this request expires five years from the day the inheritance was opened.

The surviving spouse and the decedent’s descendants who lived with the decedent in the same household at the time of death are entitled to household items that are used to meet their daily needs, such as furniture, household appliances, bedding and the like, but not if these items are of significant value. Objects separated according to this are not considered when calculating the necessary share, nor are they included in the heir’s inheritance.

Violation of the value of a necessary share

The necessary share is violated when the total value of the disposition of the will and/or the value of the gifts is so great that the necessary heir would not receive the full value of his necessary share because of it.

When the necessary share is violated, the testamentary dispositions will be reduced, and the gifts will be returned as necessary to supplement the necessary share. First, the dispositions are reduced by the will, so if the necessary part is not covered by this, the gifts are returned.

Gifts are returned starting from the last gift and contrary to the order in which the gifts were made, and gifts made at the same time are returned proportionally.

As for the reduction of the disposition of the will, it can be requested within three years from the declaration of the will, and the return of the gift – within three years from the decedent’s death, i.e. from the date of finality of the decision declaring the decedent dead, i.e. establishing his death.