On April 19 2018, Academy of Justice within its Continuous Training Program organized a training on Grounds for claiming inheritance and legal order for inheritance.
The training elaborated on inheritance by law, inheritance by will and legal order of inheritance, indispensable part of inheritance, exemption from inheritance and procedure for examination of hereditary estate.
The training emphasized that the Law on Inheritance, foresees basis for claiming inheritance, legal order for inheritance, as well as judicial procedure that is related to review of the hereditary estate to the heirs. Also, it was emphasized that the law foresaw heirs of the indispensable part of the inheritance, which in judicial practice has difficulties and dilemmas about determination and volume of the necessary part and persons that are entitled to this right, but also on issues that relate to basis for claiming inheritance and the legal order for inheritance.
Focus of this training was to avoid dilemmas and unification of judicial practice for the aforementioned issues, particularly in the part pertaining to competence – on who has the right to decide about review of the hereditary estate, courts or notaries – due to differences in provisions of the Law on Inheritance and the Law on Uncontested Procedure with the Law on Notary.
At the training it was stipulated that based on the law, basis for claiming inheritance is related to existence of certain facts that relate to family relation of the decedent. By law, inheritance usually comes in cases when the decedent did not leave a will, or when h/she did, but included one part of the hereditary estate, and in cases when the will is partially or totally void.
Beneficiaries of this training were judges of basic courts – general department – civil division, as well as professional associates in courts.
19-04-2018