Inheritance law governs relationships within the sphere of private property law that concern succession – the transfer of a deceased person’s assets to other persons. A lawyer specialising in inheritance law is your ally throughout the entire procedure and will ensure that your rights are protected.
Slovenian inheritance law is built on three fundamental principles:
freedom of testamentary disposition,
inheritance within the family, and
universal legal succession.
Inheritance enables the transfer of the deceased person’s property relations – and the rights and obligations arising from them – to other natural or legal persons. To ensure that this process unfolds in line with the parties’ expectations, it is essential to understand inheritance law as a whole. This article is intended to explain some of the fundamental institutions and concepts of inheritance law, which are often misunderstood or unfamiliar in everyday life. Whether you are a party in probate proceedings or simply wish to regulate your inheritance matters, a lawyer for inheritance law can advise you on the best course of action.
The Law Office Križanec provides legal representation in the field of inheritance law, where we have been representing clients for over 50 years. A good inheritance lawyer must protect the rights and interests of their clients in both judicial and extrajudicial proceedings through assertive representation and a comprehensive understanding of inheritance law.
The field of inheritance law overlaps with several other areas of law (e.g. tax law, family law, corporate law, property law, etc.), which is why a good inheritance lawyer must also have a solid grasp of these related fields.
Based in Ljubljana, the Law Office Križanec offers a wide range of services in inheritance law, including advice and representation in probate proceedings, representation in inheritance-related civil disputes, drafting of wills and agreements on renunciation of inheritance, drafting of inheritance contracts, legal advice and representation in denationalization proceedings, and other inheritance law matters. Our lawyers have extensive experience in this field and will find a solution for any issue you may face. The ingenuity and resourcefulness of our attorneys are certainly among their greatest strengths.
The Inheritance Act recognizes two legal grounds on which a person may inherit: by law or by will. If the deceased (the testator) has made a will, it always takes precedence over statutory inheritance, which applies only when no will exists. Therefore, the estate of the deceased is inherited either on the basis of a will or, in the absence of one, on the basis of the law.
In statutory inheritance, the law determines the group of persons eligible to inherit based on their relationship with the deceased. The most important relationships that give rise to inheritance rights are kinship and marriage.
Article 10 of the Inheritance Act defines the circle of statutory heirs as follows: the deceased’s descendants, adopted children and their descendants, the spouse, parents, adoptive parents and their relatives, brothers and sisters and their descendants, as well as grandparents and their descendants. In Slovenia, extra-marital relationships are considered equal to marriage. Non-married partners will therefore have equal rights as married spouses, which includes same-sex couples.
All these persons inherit according to specific orders of succession. Heirs in a closer order of succession exclude those in a more distant order from inheriting.
If a person wishes to distribute their property differently from what the law prescribes, they may do so by making a will. A will represents the freedom of testamentary disposition, which, however, is not entirely unlimited under Slovenian law.
Article 62 of the Inheritance Act stipulates that a testator may dispose of their property by will only in the manner and within the limits set by law. These limits are mainly defined by the institution of the compulsory (legitimate) share, which will be explained in more detail later. If a will is not made in accordance with the statutory requirements and limitations, it may be declared invalid.
Since inheritance law is complex, it is highly recommended to have a lawyer specializing in inheritance law draft your will.
It is crucial not only that a will be prepared in compliance with the mandatory legal provisions, but also that, as the testator, you fully understand the consequences of making a will. Before signing, our lawyers will explain the meaning and possible implications of your testamentary dispositions. They will also advise you on how best to safeguard the interests you wish to pursue.
To ensure high-quality advice, it is essential to have an open and honest discussion with your inheritance lawyer about your wishes.
The lawyers at Law Office Križanec provide comprehensive will-drafting services in full compliance with the Inheritance Act, both in terms of the limitations on testamentary dispositions and the required formalities. Our lawyers will also advise you on how to achieve your desired testamentary content without risking that your will be contested.
If you wish to avoid potential complications or invalidity issues related to your will, we strongly recommend consulting a lawyer for inheritance law.
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Through inheritance, as a form of universal legal succession, all of the deceased’s property relations – including all transferable rights and obligations that existed at the time of death – pass to the heir. As noted, just as rights transfer to the heir, so do obligations, and this occurs automatically by law, without any active legal act of acceptance by the heir. Consequently, heirs are liable for the deceased’s debts, even if the deceased had expressly excluded such liability in their will.
If there are multiple heirs, they are jointly and severally liable for the debts of the deceased, each up to the value of their inherited share, regardless of whether the estate has already been divided.
However, there is no need to fear that an heir might be held liable for debts beyond the value of the inherited property. Under Slovenian inheritance law, the heir’s liability for the deceased’s debts is limited to the value of the inherited property. Nevertheless, the heir is not liable only with the inherited property, but also with their own assets, meaning that Slovenian law follows the principle of “pro viribus hereditatis” — limitation by value, but not by the type of property used to satisfy the debt.
Only a person who has accepted the inheritance or acquired an inheritance share is liable for the deceased’s debts. Anyone who has renounced the inheritance bears no responsibility for such debts. For this reason, it is highly advisable to have the assistance of a lawyer specializing in inheritance law during the probate process, as it is essential to carefully assess the benefits and obligations involved and decide wisely whether accepting the inheritance is in your best interest.
Contracts of an inheritance-related nature are, under the Inheritance Act, invalid. These include inheritance contracts and contracts concerning the content of a will. Both types of contracts restrict the testator’s freedom to decide the fate of their property up until death – a freedom that a will allows due to its revocable nature, but a contract does not.
If you are uncertain whether a contract you intend to conclude is legally permissible or valid, it is advisable to consult a lawyer specializing in inheritance law.
Originally, the Inheritance Act also governed the deed of gift (“izročilna pogodba”) and the lifetime support agreement (“pogodba o dosmrtnem preživljanju”). However, these contracts are not inheritance contracts, as they concern property owned at the time of conclusion (during life), rather than property the person will own at the time of death. For this reason, since they are obligatory contracts rather than inheritance contracts, both have been moved from the Inheritance Act to the Obligations Code.
A good lawyer, when drafting a deed of gift, must understand the underlying intentions of the parties — usually the testator and their heirs — who wish to arrange inheritance matters in advance.
An inheritance lawyer can ensure that the true intentions of the parties are respected, for example by stipulating that the transferor retains a right of usufruct (lifetime use of the property) or reserves a lifetime annuity in cash or kind.
Unlike a gift contract or a deed of gift, which create a one-sided legal relationship where one party is solely the debtor and the other solely the creditor, a lifetime support agreement establishes a mutual legal relationship. Both parties simultaneously act as debtor and creditor — each gives something and receives something in return.
It is important to understand that a lifetime support agreement also includes an element of uncertainty (aleatory nature), since there is a risk that the value of the support provided will be higher or lower than the value of the property transferred. The duration of support cannot be known in advance, nor can the full extent of the obligations, which may vary depending on the beneficiary’s health or other unpredictable circumstances.
Because of this aleatory nature, the imbalance in value between the parties’ obligations is not relevant — what matters is that the contract is not used to disguise a gift. Before concluding such a contract, a lawyer specializing in inheritance law should explain all rights, obligations, and legal implications to both parties.
The Law Office Križanec, based in Ljubljana, can assist you in drafting and concluding a legally valid lifetime support agreement or care and maintenance contract. After discussing your specific situation and wishes, our lawyers will advise you on which type of contract best suits your needs.
If you would like to learn more about each contract type (deed of gift, care and maintenance contract, lifetime support agreement), we invite you to contact us via email.
In practice, we often see cases where a deceased person concludes a care or lifetime support contract with an heir, but the true intention is to make a gift. If you find yourself on the other side of such a situation — that is, if the parties entered into the contract in bad faith to circumvent inheritance rules and thereby harmed your rights as an heir or creditor — we are prepared to protect your interests before the courts through appropriate legal action.
If you have entered into such a contract yourself and doubt its legal validity, we recommend seeking an opinion from an inheritance lawyer. Based on this opinion, you can then decide whether to conclude a different type of contract or take other steps to protect your position against potential legal challenges.
The Inheritance Act defines two groups of persons from among the statutory heirs who may qualify as compulsory heirs (“nujni dediči”):
Absolute compulsory heirs: the deceased’s descendants (including adopted children and their descendants), parents, and spouse.
Relative compulsory heirs: the deceased’s grandparents, as well as brothers and sisters. These individuals qualify as compulsory heirs only if they are permanently unable to work and lack the means for subsistence.
The compulsory share for the deceased’s children and other descendants (including adopted children and their descendants) and for the spouse amounts to one-half (½) of the share they would receive under the statutory order of succession. For other heirs, the compulsory share amounts to one-third (⅓) of what each would otherwise inherit under the statutory order.
This means that compulsory heirs are entitled to receive a minimum portion of the estate, regardless of any testamentary dispositions or lifetime gifts made by the deceased. The testator’s will or lifetime actions cannot limit this entitlement.
The general rules of inheritance — including the order of succession and the exclusion of more distant heirs when closer ones inherit — also apply to compulsory heirs. Thus, if inheritance occurs in the first order, heirs from the second and third orders cannot claim a compulsory share.
If you are a party to probate proceedings and suspect that the deceased’s dispositions exceed the legally permissible limits, thereby reducing your compulsory share, it is advisable to seek the assistance of a lawyer specializing in inheritance law. Such a lawyer can assess whether your compulsory share has been infringed and advise on the best way to protect your rights.
The institution of the compulsory share limits the testator’s freedom of testamentary disposition. In principle, a testator may freely decide to whom they wish to leave their property — including persons who are not statutory heirs. However, this freedom is not unlimited.
The law grants certain persons from among the statutory heirs a mandatory portion of the estate. These persons must receive their share even if the testator omitted them from the will. The portion of the estate belonging to each such heir is called the compulsory share (“nujni delež”). This legal concept restricts not only the testator’s ability to dispose of property by will, but also their ability to make gratuitous transfers during their lifetime. Thus, the testator cannot exclude compulsory heirs by giving away their property as gifts to others.
If the testator has infringed upon a compulsory heir’s share — either by lifetime gifts or by testamentary dispositions — the deprived heir may, after the testator’s death, request annulment of such dispositions. The testator therefore cannot freely dispose of the portion of their estate that constitutes the compulsory share.
To determine whether a compulsory share has been infringed, it is necessary to establish the accounting value of the estate. This is done as follows:
a) First, all property owned by the deceased at the time of death must be inventoried and appraised, including property disposed of by will.
b) From the total value, the deceased’s debts, the costs of inventory and appraisal, and funeral expenses are deducted.
c) To the remaining amount, the value of all gifts made by the deceased to potential heirs (including those who later renounced the inheritance, or gifts expressly excluded from being counted toward their share) is added.
d) Additionally, the value of gifts made during the last year of the deceased’s life to persons who are not statutory heirs is added, except for small customary gifts.
If you are uncertain how to calculate the accounting value of the estate or whether your compulsory share has been infringed, you should consult a lawyer specializing in inheritance law.
If the testator has, during their lifetime, through gifts or testamentary dispositions, exceeded the disposable portion of their estate (thus infringing the compulsory share), compulsory heirs may request rectification of the deprivation. This is done first by reducing testamentary dispositions. If that is not sufficient, lifetime gifts may be reclaimed to restore the compulsory share.
It is important to note that the right to a compulsory share must be actively asserted during probate proceedings. The court does not automatically recognize this right and will not award it unless you claim it. Therefore, it is crucial to properly assert your compulsory share in the course of the inheritance proceedings. If in doubt, seek assistance from a lawyer for inheritance law.
If you are a compulsory heir and have been disadvantaged by a will, we invite you to schedule a consultation at our office. A lawyer specializing in inheritance law will explain the available options and guide you through the appropriate course of action.
The Inheritance Act is based on the parentelic system with representation. The foundation for determining the orders of succession is the degree of kinship with the deceased, which is why relatives are organized into distinct groups called parentele (lines of succession).
Each parentela consists of the deceased’s ancestors who are equally distant in degree of kinship, together with all of their descendants. Within a parentela, relatives are further divided into lines, and this division is important because the right of representation applies within these lines.
If a representative of a particular line cannot inherit (for example, because they died before the deceased or were disqualified from inheriting), their descendants take their place as heirs. For instance, if the deceased’s child does not inherit, the inheritance passes to that child’s own children — i.e. the deceased’s grandchildren. The descendants who inherit by virtue of the right of representation together receive the share that would have belonged to their ancestor.
If inheritance under the right of representation does not apply (for example, because the excluded heir has no descendants or their descendants refuse to inherit), accretion occurs. This means that the share of the excluded heir is distributed among the remaining co-heirs in proportion to their respective shares.
If you have further questions regarding inheritance law or how the right of representation applies in your situation, we invite you to contact our Law Office Križanec, where a lawyer specializing in inheritance law will provide you with timely and professional advice.
In probate proceedings, the court determines who the deceased’s heirs are, what property constitutes the estate, and which rights arising from the estate belong to the heirs, legatees, and other entitled persons. These findings, among others, are set out by the court in the decree of inheritance. The proceedings are initiated ex officio as soon as the court becomes aware of a person’s death and performs the first procedural act.
Among the most important actions to be taken before the probate hearing are the following:
Inventory and appraisal of the estate under the Inheritance Act (not a mandatory phase — it is conducted upon request, and only exceptionally ex officio). Preparing an inventory and appraisal is advisable, as it is the only reliable way to determine the extent of the heirs’ liability for the deceased’s debts.
Preservation of the estate: ordered by the court only when special circumstances require additional caution.
Publication of the will.
The most significant stage of the probate procedure is the probate hearing, although it is not always held. If the court finds that the deceased left no property, or only movable property and the heirs do not request a hearing, the court will not conduct one.
The court summons to the hearing all persons called to inherit, as well as those granted a benefit under the will and anyone entitled to claim exclusion of specific property from the estate. During the hearing, all issues concerning the estate are resolved — including inheritance rights, the size of inheritance shares, and the right to legacies. If there are disputed factual matters among the parties, the court will suspend the probate proceedings and refer the parties to civil litigation. We recommend being represented in such proceedings by a lawyer specializing in inheritance law.
The court concludes the hearing with the decree of inheritance, which determines who the heirs are, what property constitutes the estate, and what rights arise from it. An appeal may be filed against this decree. Once the appeal period expires without an appeal being lodged, or if the appeal is dismissed, the decree becomes final and binding. After that, ownership of real estate can be transferred in the land register, and heirs may also use the final decree to transfer ownership of vehicles, withdraw funds from bank accounts, and so forth.
The Law Office Križanec, specializing in inheritance law, can represent you throughout the probate process — including in any related litigation — and provide expert legal advice at every stage. Our attorneys are highly experienced in both probate and civil court proceedings.
In practice, situations sometimes arise where probate proceedings have been completed and a final decree of inheritancehas been issued, but it is later discovered that the deceased possessed property not included in the original decree.
In such cases, it is necessary to issue an additional decree of inheritance. A petition for an additional decree must be filed with the court. It is advisable to have this done by a lawyer specializing in inheritance law, who understands the legal implications of such an additional decree and can anticipate and prevent potential procedural issues.
The costs of legal representation in inheritance cases may vary depending on the specifics of each case. At our law office, we offer clients several payment options, which we agree upon in advance:
a) payment based on an hourly rate or a fixed fee per task (e.g. for drafting a submission or attending a hearing);
b) payment according to the official attorney tariff; or
c) success-based payment (contingent on outcome).
We always listen to our clients, take into account their financial circumstances, and adjust our fees accordingly. In many inheritance cases, applying the official attorney tariff can be unfair, as the tariff is tied to the value of the estate, which is often substantial. For this reason, we most frequently agree on option (a).
Before signing a power of attorney, we always clearly explain how the procedure will likely unfold and what the client can realistically expect from the inheritance process. In our view, a lawyer specializing in inheritance law must have a thorough understanding of the probate process, the concepts of compulsory shares and heirs, inclusion of lifetime gifts, and the circumstances under which probate proceedings can be suspended and parties referred to litigation.
An attorney must also be able to clearly explain their reasoning to the client and, above all, provide sound advice — since in many cases, a settlement or statutory inheritance proves far more beneficial for the client than lengthy and costly litigation (involving court fees, expert witnesses, and additional legal costs). At the Law Office Križanec, we always strive to act in the best interests of our clients and ensure their full satisfaction.
A lawyer representing you in probate proceedings must be a true specialist in inheritance law. This means having an in-depth knowledge of the Inheritance Act and the Civil Procedure Act, as well as a solid grasp of legal theory and current case law in inheritance and related fields.
Since probate proceedings often allow for amicable settlements among heirs (to avoid lengthy disputes), a good inheritance lawyer must also possess strong negotiation skills. However, if an agreement among heirs cannot be reached and the court finds that factual issues are in dispute, the case will be referred to civil litigation.
For this reason, it is highly beneficial for your lawyer to also be an expert in broader civil law, so that they can continue representing you effectively in any parallel or subsequent court proceedings.
LAWYER – HEREDITARY LAW