engleski

How to additionally protect minors and young adults in case of unlawful disinheritance?

In order to protect testator's family members from his/her testamentary dispositions and donations, the institution of legitimate portion was introduced as far back as ancient Rome. Legitimate portion is a part of inheritance that legitimate heirs have the right to claim in case of unlawful disinheritance, even against testator's wishes. As in most other legal systems in Europe, in Republic of Croatia testator's descendants are also legitimate heirs, together with other testator's close family members. Descendants' legitimate portion in Republic of Croatia amounts to ½ of the portion that would belong to them in the case of intestate succession. While studying the matter of legitimate portion, a question arose: is legitimate portion enough in case of unlawful disinheritance for every descendant, in every situation, regardless of their age, special needs, health problems etc.? The auhor believes that sometimes legitimate portion will not be sufficient to meet the needs of young descendants who do not have a way to obtain necessary means for their maintenance, education, medical expenses. In case of unlawful disinheritance, testator's descendants can find themselves in a lot of trouble, especially if they are young and have special needs. Their problems could be alleviated by taking an individual aproach to each of them ; by looking at their age, needs, medical conditions, education etc ; by making it possible for them to find a way to improve their financial situation by making sure they are entitled to a certain sum which is required for their maintenance, education, etc.

forced heir; disinheritance; minors; young adults; maintenance; additional funds; enhanced needs

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