In Montenegro, inheritance matters are governed by the Zakon o Nasljedivanju Crne Gore, or the Law on Inheritance of Montenegro. This legislation establishes the legal framework for the transfer of a deceased person’s assets and liabilities to their heirs. It covers various important aspects, including intestate succession, wills, legal and testamentary heirs, inheritance rights of spouses and children, as well as rules related to disclaiming or renouncing an inheritance. Understanding this law is essential not only for citizens of Montenegro but also for foreigners who may inherit or bequeath property within the country. The law is designed to ensure a fair and predictable process for the distribution of estates, while also protecting the rights of all parties involved.
Legal Basis of Inheritance in Montenegro
The Zakon o Nasljedivanju Crne Gore was enacted to harmonize Montenegrin law with European legal standards while respecting traditional civil law principles. The law outlines who qualifies as an heir, how property is divided, and what steps are necessary to formalize the inheritance process. It applies to both movable and immovable property located within the territory of Montenegro.
This law is based on two main types of succession:
- Legal (Intestate) Succession: Occurs when there is no valid will. The law automatically assigns heirs based on familial relationships.
- Testamentary Succession: Occurs when the deceased leaves a legally valid will specifying how their estate should be distributed.
Legal Heirs and Order of Succession
Under Montenegrin law, legal heirs are divided into several hereditary lines or groups. These groups determine the order in which relatives may inherit the estate when there is no will.
First Hereditary Order
The first group includes the deceased’s children and spouse. They inherit in equal parts. If a child of the deceased has already passed away, that child’s descendants (grandchildren of the deceased) inherit in their place through a principle known as ‘representation.’
Second Hereditary Order
If there are no heirs from the first group, inheritance moves to the second order, which consists of the deceased’s parents and their descendants (siblings of the deceased). In this case, the spouse also inherits if they are still alive.
Third Hereditary Order and Beyond
If no relatives exist in the first or second group, more distant relatives may inherit, including grandparents and cousins. Each subsequent order of succession has a decreasing legal claim to the estate.
Role of the Surviving Spouse
The surviving spouse plays a key role in inheritance. They are entitled to inherit alongside children or other heirs. If the couple shared property under a community property regime, half of the shared property is first separated before inheritance is calculated. The spouse then receives their share from the remaining estate according to the applicable hereditary order.
In cases where the deceased has no children or parents, the spouse may inherit the entire estate. The law protects spouses from being left destitute, especially if the marriage lasted a significant length of time or the surviving spouse was financially dependent on the deceased.
Wills and Testamentary Freedom
Montenegrin law allows individuals to dispose of their property through a will. However, testamentary freedom is not absolute. Certain legal heirs, known as compulsory or forced heirs, are entitled to a minimum portion of the estate, regardless of the will’s contents. These heirs include:
- Children (biological or adopted)
- Spouse
- Parents (in some cases)
Testators may dispose of only the portion of the estate not reserved for forced heirs. If a will violates the legal rights of forced heirs, those portions may be contested and nullified by a court.
Requirements for a Valid Will
To be valid, a will must comply with formal legal requirements, such as:
- Being written and signed by the testator
- Being made voluntarily and with full mental capacity
- Witnesses must be present if required by law (e.g., in oral or public wills)
The law permits several types of wills: handwritten, notarial (formalized before a notary), oral (in exceptional cases), and international wills made under foreign laws. Any of these can be challenged if suspicion arises regarding their authenticity or the mental state of the testator.
Renunciation and Disqualification from Inheritance
Heirs have the right to accept or renounce their inheritance. A formal declaration must be submitted to the court within a prescribed period (usually three months) after learning of the inheritance. If an heir fails to make a declaration within this timeframe, they are generally considered to have accepted the inheritance by default.
Certain individuals may be disqualified from inheritance under specific conditions, such as:
- Criminal acts against the deceased (e.g., murder or fraud)
- Attempting to manipulate or destroy a will
- Serious failure to fulfill family obligations
Disqualified individuals lose their right to inherit by operation of law, and this can be declared by the court after a legal proceeding.
Inheritance Procedures and Court Involvement
The inheritance process in Montenegro begins after the death of the property owner is reported to the municipal court or notary. An inheritance hearing is scheduled, during which the heirs are identified, and the estate is formally divided.
Main Steps in the Inheritance Procedure
- Filing the death certificate and notification of death
- Identification of legal and testamentary heirs
- Review and validation of any wills
- Division of the estate based on legal or testamentary rules
- Issuance of a court decision or inheritance certificate
This process is usually handled by notaries but can be brought before a court if disputes arise among heirs. Disputed cases may take months or years to resolve, especially when contested wills or complex property are involved.
Taxation on Inheritance
Inheritance in Montenegro is subject to taxation, although close family members may be exempt. Direct heirs such as spouses, children, and parents typically do not pay inheritance tax. However, other heirs (such as cousins or unrelated individuals) may be subject to tax, depending on the value of the estate and the nature of the assets involved.
The tax is generally calculated based on the appraised value of the inherited property and must be paid before full legal ownership can be transferred to the heir.
The Zakon o Nasljedivanju Crne Gore provides a clear and structured legal framework for dealing with inheritance matters in Montenegro. Whether the estate is large or small, the law ensures that the rights of heirs are protected and that the transfer of property is handled in an orderly and just manner. Understanding the provisions related to legal heirs, wills, renunciation, and inheritance procedures can help families prepare for the future and avoid conflicts. With its combination of civil law traditions and modern legal principles, Montenegro’s inheritance law stands as a critical part of its legal system and social structure.