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Restrictions on successions – special rules

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Croatia
Content provided by:
European Judicial Network
(in civil and commercial matters)

1 Under the law of this Member State, do special rules impose, for economic, family or social considerations, restrictions concerning or affecting the succession in respect of immoveable property, certain enterprises or other special categories of assets located in this Member State?

There is a specific restriction in the form of forced-share entitlement, which does not concern inheritance itself, but rather protection of legal heirs. Forced-share entitlement applies where the testator has left their entire estate by will to a person other than the legal heir. In the above case, for socio-economic reasons (exclusion of forced heirs and denial of forced share) that person loses their right to the forced share.

However, restrictions apply when inheriting assets that constitute strategic resources of the Republic of Croatia (e.g. agricultural land, forest and woodland).

All individuals acquiring ownership through inheritance are considered to be equal heirs under the same conditions. Under the assumption of reciprocity, foreigners enjoy the same inheritance rights as Croatian citizens. Reciprocity is assumed unless established otherwise following a request from a party that has a legal interest in accordance with Article 2(2) of the Inheritance Act (Zakon o nasljeđivanju; Narodne Novine (NN; Official Gazette of the Republic of Croatia) Nos 48/03, 163/03, 35/05, 127/13, 33/15 and 14/19). 

2 Under the law of this Member State, do these special rules apply to the succession in respect of the above-mentioned assets irrespective of the law applicable to the succession?

The rules are applied in all probate proceedings.

3 Under the law of this Member State, do special procedures exist to ensure compliance with the above-mentioned special rules?

No special procedures are in place, but all these specific rules are considered in single probate proceedings.

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