The probate procedure will be interrupted if there are disputed facts (i) affecting inheritance rights, especially the validity or content of an inheritance contract or will, or the relationship between the heir and the testator based on which inheritance is governed by law, (ii) determining the size of the inherited share, the value of the statutory share, or the inclusion in the inherited share, (iii) determining the justification for excluding compulsory heirs or the existence of reasons for unworthiness, (iv) if someone has renounced inheritance, (v) determining the validity of the survivor’s spouse’s claim and the testator’s descendants who lived with the testator in the same household to have items from the estate separated for their daily needs.
The court will interrupt the probate proceedings and refer the parties to a lawsuit or administrative procedure if there are disputed facts (i) determining the composition of the estate, (ii) determining the subject matter of legacies, (iii) if there is a dispute among heirs regarding the survivor’s spouse’s claim or the testator’s descendants who lived with him to have a part of the estate separated that corresponds to their contribution to the increase in the value of the testator’s property.
The court will refer to a lawsuit or administrative procedure the party whose right it considers less likely. If the court interrupts the proceedings, it will set a deadline not exceeding 30 days, during which the referred party must initiate a lawsuit or administrative procedure and inform the probate court about the initiation.
Testator’s descendants and adopted children who lived with the testator, by their work, earnings, or in any other way, contributed to the testator’s economic activity, have the right to demand that a part be separated from the estate that corresponds to their contribution to the increase in the value of the testator’s property. The separated part does not belong to the estate and is not taken into account when calculating the statutory share, nor is it included in the heir’s inheritance share.
This law firm represented a client before the Municipal Court in Sarajevo in case number 65 0 654633 17 P, where one of the successors sought the separation of an amount of 36.586,00 BAM from the estate. The case was concluded because the heirs concluded an Agreement on Recognition and Method of Debt Settlement before a notary, OPU-IP: 1210/2018, dated November 7, 2018, meeting the conditions for the interrupted proceedings to continue.
The Agreement on Recognition and Method of Debt Settlement OPU-IP: 1210/2018 dated November 7, 2018, concluded the dispute among successors and established the modality of the estate division.
If you need legal advice in Sarajevo regarding Probate Proceedings in Bosnia and Herzegovina – Separation in Favor of Descendants Engaged in Economic Activity with the Testator as an individual or if you need a lawyer for inheritance law, then you are in the right place with us. You can contact our Corporate law lawyers directly by phone (+387 62 342 463), WhatsApp, Viber, or email (rasid@haracic.ba).
