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Intestate and Testamentary Inheritance

Intestate and Testamentary Inheritance in Slovenia

Intestate and testamentary inheritance

The rules of inheritance and the probate process in Slovenia are regulated by the Law on Inheritance and the Law on Inheritance of Agricultural Holdings. The Law on Inheritance recognizes two legal grounds for inheritance: intestate and testamentary. Testamentary inheritance takes precedence over intestate inheritance. If the deceased made a will, testamentary inheritance will apply. Intestate inheritance will only apply if the deceased did not make a will or if the will is invalid.

Testamentary Inheritance

If a person wishes to distribute their assets differently from what is provided by the law of intestate succession, they may do so by making a will, which represents a unilateral expression of will for the event of death and must be made in the prescribed form, otherwise it is invalid.

Through a will, the testator can dispose of all their assets, but not without limitations. They can freely dispose only of the so-called disposable portion of the estate. You can read more about this in the following paragraphs. The freedom to make a will is limited by the rights of heirs to their statutory shares.

Intestate Inheritance

Intestate inheritance occurs when there is no will or if the will is invalid.

The Law on Inheritance determines who inherits as legal heirs, the order of succession, the size of legal shares, the inclusion of gifts, etc. Legal heirs inherit in three orders of succession, based on their close or distant kinship relationship with the deceased.

Heirs in a closer order of succession exclude persons in a more distant order of succession from inheriting.

For more detailed information on legal heirs, statutory shares, the validity of wills, please read the articles, as well as the questions and answers in the following sections.

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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