Inheritance and Probate Procedures: Legal Services in Slovenia
As attorneys, we perform legal activities in accordance with the provisions of the Attorney Act. We also provide legal advice and representation to clients in the field of inheritance law and in probate procedures.
In Slovenia, representation by an attorney in probate proceedings is not mandatory, but due to the complexity of legal relations in many probate matters, it is recommended. Especially when there are real estate properties in the estate, several heirs with different, conflicting claims (e.g., regarding the return of gifts), where the validity of the will or the testator's testamentary capacity is disputed, where the validity of the usufruct contract or the lifelong support contract is in dispute, the extent of the estate, etc.
Inheritance declarations and claims that heirs would like to assert are usually time-bound, must be submitted in the correct form and content, and must be conclusive. Missing the deadline usually results in the loss of rights or at least the impossibility of judicial enforcement (preclusion and or limitation).
In Slovenia, you can authorize an attorney in relation to inheritance for, e.g.:
Legal advice and contract drafting:
- Legal advice: drafting of wills, conditions for inheritance, statutory and testamentary heirs, necessary heirs, orders of succession, elections and endowments, unworthiness to inherit, renunciation of inheritance, validity of the will, revocation of gifts, reduction of testamentary dispositions, return of gifts, exclusion of items from the testator's estate and inheritance)
- Obtaining documentation (death certificate, certificate of residence or joint household of the deceased, on the scope or inventory of the estate, the deceased's debts, inquiries about heirs)
- Negotiation and contract drafting (inheritance agreement, agreement on division and disassociation of the estate, agreement on renunciation of unannounced inheritance, contract for lifelong maintenance, usufruct contract, handover contract, gift contract in case of death),
Resolving probate disputes and disputes among heirs
- Representation in probate proceedings (declaration of inheritance, renunciation of inheritance, proposal for securing the estate, for appointing a custodian of the estate, claim for exclusion of certain property from the estate, claim for reduction of testamentary disposition or return of a gift to the estate, claim for enforcement of invalidity of the will),
- Representation in litigation (determining the deceased over half contribution to joint property, claim for determining that certain property belongs or does not belong to the estate, invalidity of the will or gift contract)
Other:
- Legal opinions, representation in other legal activities in accordance with the provisions of the Attorney Act.
To schedule a consultation regarding inheritance and representation in the probate process, call attorney Jurij Kutnjak during business hours at phone number 00 386/2/25-23-780 or send an email to info@odvetnik-kutnjak.si.
Legal Documents:
authorization for representation
will
revocation of will
inheritance statement
renunciation of inheritance
proposal for the issuance of a European certificate of inheritance
Legislation:
- Inheritance Act - ZD, http://pisrs.si/Pis.web/pregledPredpisa?id=ZAKO317
- Inheritance of Agricultural Holdings Act - ZDKG, http://www.pisrs.si/Pis.web/pregledPredpisa?id=ZAKO383
- Financial Operations, Insolvency Proceedings and Compulsory Winding-up Act - ZFPPIPP, http://pisrs.si/Pis.web/pregledPredpisa?id=ZAKO4735
- Court Fees Act - ZST-1, http://pisrs.si/Pis.web/pregledPredpisa?id=ZAKO4729
- EU Inheritance Regulation, https://eur-lex.europa.eu/legal-content/SL/TXT/PDF/?uri=CELEX:32012R0650...
- and others ...
Judicial Practice:
- Supreme Court of the Republic of Slovenia, https://www.sodnapraksa.si/