Damaged by inheritance

Damaged by inheritance

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Damaged by inheritance

We have often heard of parents who, even though they have 2 or more children, decide or are convinced to transfer their property or most of it during their lifetime to only one child or a third party and thus deprive their heirs of an inheritance.

Protection and guarantee of the rights of legal heirs

The Law of Inheritance regulates the legal regulation of the relationship between heir and heir and rather regulates everything that concerns the estate. The law states that "… The children of the deceased inherit in equal parts", ie after the death of each person his inheritance is divided equally among his children, respectively if there are no children it is inherited by his parents, etc.

Each heir, each child has its legally guaranteed reserved part, which is different depending on the number of heirs of the respective degree.

Size of the reserved part

The preserved part of children and grandchildren / including the adopted ones, when the heir has not left a spouse, is: for one child a grandchild of him - 1/2, and for two or more children or grandchildren of them - 2/3 of the property of the testator.

Conditions for restoration of the reserved part of the heir


• the heir has been deprived of the property due to him by a will of a third party;

• the heir was deprived of the property due to him by a donation to a third party.

The aggrieved heir may request the reduction of the Will and the Donation until the amount of his reserved part is restored.

The same may request cancellation of a transaction for transfer of property against an obligation for maintenance and care, when he can prove non-fulfillment of the obligation for maintenance and care.

Fictitious purchase and sale

In order to "skip" the law and leave most of the inheritance to their beloved child, the parents, and any heir who wants to deprive his heir of his due inheritance, enter into a "fictitious" deal with the preferred person, which is usually purchase and sale.

The fictitious purchase and sale also has its risks and can be attacked by the heirs with a reserved part, but it is the surest protection of the interest of the injured party. The reasons can be:

• fictitious payment;

• lack of funds with proven origin, etc.

If the sale is found to be fictitious, the rules for the covert transaction will apply, ie the donation, which can already be attacked by the injured heir in another court proceeding.


Damaged by inheritance
Damaged by inheritance
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