In Slovenian legal order, the freedom of testamentary disposal is restricted in substance by institution of the necessary inheritance. In disposition oh his property, the decedent is limited both, in the case of death as for the time of life as the size of the compulsory portion is not determined on the basis of the net value of the legacy, but on the calculated value at which some of the gifts that decedent had given during his lifetime are added to the net value of the legacy. The Law specifies persons with the characteristic of a forced heir, the corresponding quota and the method of determining the final value of the total and individual compulsory portion. In practice, there often arise disputes about the existence of the right to a compulsory portion, the fulfillment of the statutary conditions, whether the particular property belongs to the legacy of the deceased and on the purpose and nature of individual legal transactions of the deceased that are important in determining the size of the compulsory portion. Theorists draw attention to a rather wide range of people who are entitled to a compulsory portion and to the stiffness of the statutory quotas. With the help of the legislation of other European countries, opinions and propositions of the theory, the paper presents proposals for possible changes. The proposals are leaning towards narrowing of the circle of forced heirs, allowing the adjustment of the size of each compulsory portion, taking into account the financial provision of the forced heir and in towards taking into account the fact of changed social conditions and family relationships.
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