Inheritance Laws in Montenegro
Inheritance laws in Montenegro are governed primarily by the Civil Code of Montenegro and follow a system of forced heirship, where certain family members have guaranteed rights to inherit, even if a will states otherwise. The laws regarding inheritance are designed to ensure that the deceased’s close family members (spouse, children, and sometimes parents) receive a share of the estate.
Here is an overview of inheritance laws in Montenegro:
1. Testate Succession (Inheritance With a Will)
In Montenegro, individuals have the right to write a will specifying how their estate will be distributed upon their death. The Civil Code provides for the creation of wills under specific conditions, and the estate will be divided according to the provisions of the will if valid.
Types of Wills:
- Written Will: A will must be in writing, signed, and dated by the testator to be valid. It may be handwritten or typed, but it must meet the legal requirements for authenticity.
- Notarial Will: A will can also be made in front of a notary. This is often a more secure form of will because it is witnessed by a legal professional and can reduce the likelihood of disputes.
- Holographic Will: A will written entirely by the testator in their own handwriting. This form of will is also valid under Montenegrin law, provided it meets the necessary formalities.
Validity of Wills:
The will must meet legal requirements to be considered valid:
- It must be signed by the testator.
- If the will is not notarized, it must be witnessed by two individuals who are not heirs.
- It must clearly express the testator's intentions.
2. Intestate Succession (Inheritance Without a Will)
If a person dies without a will (intestate), their estate will be distributed according to Montenegrin intestacy laws.
Order of Succession:
Children and Spouse: The children of the deceased are the primary heirs. If there is a surviving spouse, they will also inherit, but the division between the spouse and children depends on the number of heirs.
- If there are children, the estate is divided equally between them, with the surviving spouse also receiving a portion. The share for the spouse may depend on whether the property is joint property (acquired during the marriage) or separate property (owned by the deceased prior to the marriage).
Parents: If there are no children, the estate will pass to the parents of the deceased, assuming they are still alive. If one parent is deceased, the surviving parent will inherit the estate.
Siblings: If there are no surviving spouse, children, or parents, the estate will be inherited by siblings of the deceased. Siblings inherit equally, and if one sibling has predeceased the testator, their children (the deceased sibling's children) will inherit their share.
More Distant Relatives: If there are no immediate family members (spouse, children, parents, or siblings), the estate may pass to more distant relatives, such as nieces and nephews, aunts and uncles, and possibly grandparents.
State Inheritance: If no relatives can be identified or located, the estate will eventually pass to the state of Montenegro.
Compulsory Heirship (Forced Heirs)
- Under Montenegrin law, certain relatives cannot be completely disinherited. These compulsory heirs include the children and the spouse. The testator is legally required to leave a portion of their estate to these individuals, regardless of the terms of any will.
- The forced share for children and the spouse is protected, and the testator cannot exclude them entirely, although they may allocate a larger portion of the estate to other individuals.
3. Inheritance by Children
- Children are primary heirs, and they inherit the estate in equal shares. This applies to both biological and adopted children.
- In cases where there is only one child, that child inherits the entire estate (alongside the spouse if applicable).
- If there are multiple children, the estate is split equally among them, with the spouse's share taken into account.
4. Inheritance by Spouse
- The spouse inherits a portion of the estate, along with the children if there are any. If there are no children, the spouse will inherit the entire estate.
- The surviving spouse’s share can be influenced by whether the estate consists of community property (property acquired during the marriage) or separate property (property owned by the deceased before the marriage). The surviving spouse’s share will be larger if the property is considered jointly owned.
5. Inheritance of Real Property
- Real estate owned by the deceased will pass to the heirs according to the same rules of inheritance (either through a will or according to intestate succession).
- The heirs must take steps to transfer the title of the real estate into their names, which may involve updating property records in the local land registry.
6. Inheritance Taxes
- Montenegro does not impose an inheritance tax on the transfer of assets to direct heirs such as children, spouses, and parents.
- However, there may be fees or taxes related to the transfer of real estate or the registration of property following the inheritance. These fees depend on the nature of the estate and the value of the property.
7. Estate Administration and Probate
- After death, the estate must go through a probate process. This process involves the legal steps necessary to administer and distribute the estate according to the will (if there is one) or intestate succession laws.
- A court may appoint an administrator if there is no will or if there are disputes over the will.
- In the case of testate succession, the notary or appointed executor will handle the estate’s distribution, ensuring that it complies with the deceased's wishes and Montenegrin inheritance laws.
8. Dispute Resolution
- In the case of disputes over inheritance (e.g., a disagreement over the validity of a will, the division of property, or the rights of heirs), the matter will be resolved through the Montenegrin courts.
- The court will interpret the will, if one exists, and apply the laws of intestate succession if there is no will. They will also determine the legality of any claims made by heirs.
Conclusion
Montenegro follows a civil law system for inheritance, with forced heirship rules ensuring that close family members, such as children and the spouse, receive a portion of the estate. If the deceased has left a will, the estate will be distributed according to the will, provided it meets the necessary legal formalities. In the absence of a will, the estate is distributed according to intestate succession laws, starting with the children and spouse, and then to more distant relatives, if necessary. There is no inheritance tax on direct heirs, but property transfer taxes may apply. The probate process is overseen by the court and notary, ensuring proper distribution of the estate.
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