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Absolute Heirs, Deprivation of Absolute Share

Who are absolute heirs?

According to the Inheritance Act, absolute heirs are:

  • The deceased's descendants and adopted children, as well as their descendants,
  • The deceased's parents,
  • The deceased's spouse or unmarried partner.

 

What are the amounts of the absolute shares?

The absolute share refers to the portion of the inheritance that belongs to the absolute heirs. The specific amounts of the absolute shares are not defined by the law and may vary depending on the specific circumstances and applicable inheritance rules.

How does the absolute share restrict testamentary disposition of assets?

The concept of the absolute share limits the freedom of the testator to dispose of their assets through a will. Although everyone has the right and opportunity to determine what should happen to their assets (disposable portion) after their death, this freedom is not unlimited.

The law ensures that certain individuals, known as absolute heirs, are entitled to receive a portion of the estate. These individuals must receive their share, even if the testator has overlooked them or intended to disregard them in the will. The portion of the estate that belongs to each absolute heir is called the absolute share. The concept of the absolute share restricts the testator's freedom to dispose of assets through a will, as these individuals have a guaranteed right to inherit a specific portion of the estate.

If the testator has deprived an absolute heir of their rightful absolute share through lifetime gifts or a will, the deprived absolute heir can challenge and seek the rectification of this deprivation after the testator's death. The testator cannot freely dispose of the portion of their estate that belongs to the absolute heirs. To determine whether the testator has deprived an absolute heir of their share, the liquidation value of the estate must be established.

Liquidation Value of the Estate

The liquidation value of the estate is determined as follows:

  • First, all the assets that the deceased owned at the time of their death, including those disposed of by will, must be inventoried and assessed.
  • From the determined value of the deceased's assets at the time of their death, the deceased's debts, costs of inventory and assessment of the estate, and funeral expenses are deducted.
  • To the remaining amount, the value of all gifts made by the testator is added. This includes gifts to absolute heirs and other recipients specified in the will.

 

Other gifts made in the last year of the testator's life are not taken into account, except for minor customary gifts.

If, during their lifetime, the testator has already deprived an absolute heir of their rightful absolute share through testamentary dispositions and gifts, the deprived absolute heir can seek rectification of the deprivation.

Rectification of Deprivation of Absolute Share

Rectification is achieved by considering the deprivation and adjusting the distribution of assets accordingly. The exact process and legal steps involved may vary depending on the specific legal jurisdiction and applicable laws.

It's important to note that the laws and regulations regarding absolute heirs and their shares may differ across jurisdictions. Therefore, seeking legal advice from a qualified professional specializing in inheritance law is advisable to understand the specific rights and regulations in a particular jurisdiction.

Attorney Jurij Kutnjak from Slovenia, Maribor offers comprehensive legal assistance in inheritance and handling all inheritance law issues: from drafting wills and concluding contracts with inheritance law elements (contract for life interest, contract for lifetime support, handing over contract) to representation in probate proceedings and possible litigation related to the estate or inheritance throughout Slovenia.

To schedule a consultation regarding inheritance and representation in the probate process, call attorney Jurij Kutnjak during business hours at the phone number 00 386/2/25-23-780 or send an email to info@odvetnik-kutnjak.si.

Legal Documents:

e-forms
authorization for representation
will, revocation of will, inheritance statement, renunciation of inheritance, proposal for the issuance of a European certificate of inheritance

Legislation:

 

Judicial Practice:

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