Despite major social changes in the past forty years, the Slovenian regulation of the forced heirship remained almost unchanged. Like in some other European countries this has led to desires to changes in this field and appeals for adjustment of the normative regulation to the actual needs and current value system of the society.
In principle deceased has his estate at his free disposal, but he is severely limited with the institute of the forced heirship, which disables him from free disposal of a part of his estate. As well the forced heirship provides a part of the deceased’s estate to the certain deceased's relatives against his will, if these relatives are not unworthy to inherit or are nor disinherited.
Despite the abovementioned, the deceased has a possibility to exclude the forced heirs from the inheritance with the disinheritance. However, certain conditions, expressly provided by the law and restrictively interpreted by the court, must be met.
Due to abovementioned limitations of the disposal with the estate mortis causa some deceased found an exit in contractual obligations with certain inheritance effects, which they use when they want to avoid the peremptory norms of the forced heirship.
Comparable law systems show a tendency of changes in direction of the diminution of the forced share, shortening the number of the forced heirs and expansion of the disinheritance’s conditions. All aiming for the extension of the deceased's freedom of the disposal with his estate. This should be in similar manner de lege ferenda regulated in Slovenia.
|
