Law Firm Haracic + Partners represented the plaintiff in case no. 65 0 P 1086739 24 P before the Municipal Court in Sarajevo. Filed in 2024, the lawsuit sought a declaration of nullity of a will.
The court determined that the will was invalid due to being an oral will with witnesses who were relatives of the testamentary heir, in accordance with Article 80 of the Law on Inheritance of the Federation of BiH. This provision invalidates oral wills granting bequests to witnesses present during their drafting, their spouses, ancestors, descendants, collateral relatives up to the fourth degree, and their spouses.
The court also found an important fact: the testatrix had informally expressed her wish on multiple occasions to leave the apartment to the defendant. However, these informal statements did not constitute a formal declaration of last will, a conclusion supported by the Supreme Court of Montenegro in case Rev. no. 1080/17 of 11 October 2017.
Once the judgment declaring the will invalid becomes final, the question arises whether the existing final inheritance decision can be annulled and a new probate procedure initiated. The answer is No.
According to the decision of the Supreme Court of the Federation of Bosnia and Herzegovina (no. 51 0 P 104174 21 Rev of 28 March 2022), a civil court is not authorized to annul a final inheritance decision. Judicial decisions may only be contested through legal remedies, and a new heir may assert inheritance-related claims through a separate lawsuit.
Therefore, once the will is declared invalid in a final judgment, the plaintiff should initiate a new civil action seeking damages from the defendant for property unlawfully inherited based on the now-null will.
It is crucial to observe the deadlines for filing the damages claim:
- Within 30 days from the final judgment declaring the will invalid, but
- No later than 5 years from that judgment.
The following legal provisions apply:
- Article 254, Law on Inheritance of FBiH:
“(1) After the inheritance or legacy decision becomes final, parties may initiate a lawsuit within the deadlines and on grounds justifying repetition of the civil procedure to enforce their rights.” - Article 255, item 7, Civil Procedure Act of FBiH:
“A proceeding concluded by a final court decision may be repeated upon party’s request:
7) if the court’s decision was based on another court or administrative decision which has since been legally modified, annulled, or repealed,”
while Article 257 sets the relevant time limits.
