Being familiar with inheritance law of your own country often means nothing if probate proceedings, in which you are involved, are held in another country. Inheritance law in many countries is heavily dependable on customs, relics from the past or religion, so this type of law can vary significantly based on individual country, even in terms of basic concepts. If you observe standards that inheritance law set in dealing with some cases, you can even sense the feeling of general position on some issues that that country has.
When we speak of Serbia, in a case of somebodies death, what you can aspect is pretty much equally division of his properties. We can call this person that died John in this case. So if John has wife and kids, they will inherit everything in same parts. If one of the Johns kids died before him, in his place will come his kids (Johns grandchildren) and they will divide their father’s part. If that kid that died didn’t have his own children, other brothers and sisters and mother will inherit his part equally.
But in case that John didn’t have kids and had only his wife situation is bit different. In the case when there are no kids (or their kids) as heirs Johns parents comes into account. So, in that case, Johns wife always gets half of everything and other half belongs to Johns parents. In case that Johns parents aren’t alive in their place comes their children (Johns brothers and sisters) and if some of them is not alive, then his/hers children comes to his/hers position, always just inheriting part of their parent, and so on, and that is called system of representation.
Off course if John has decided to make his testament, things will now be according to John. John will decide who gets what but only to some extent. Johns wife and kids will always be one of the heirs, even if John decide to leave everything to his neighbor. In such a case, Johns wife and kids will inherit half of what they would inherit if John didn’t make a testament. So in our Inheritance law (with some exceptions) spouse and kids will always inherit something even if testator didn’t want it so.
This is just a brief overview of Serbian Inheritance law, so there are a lot more regulations that could come in question with some specific situation. If you have any issues with Inheritance law in Serbia, feel free to contact our law office in Belgrade or law office in Novi Sad or other our law offices, we will be glad to be at your disposal. Also feel free to check the rest of our web site, Home page, Contact page, or anything else.