Naslednička Izjava – Relinquishing your ownership or entitlement in family estates
Over the years, we have been asked to witness statements relinquishing ownership or entitlement in family states, and it seems to be increasingly more common for families and their properties in Bosnia, Croatia, and Serbia. This article focuses on the naslednička izjava or hereditary statement that many of our clients bring to our office to notarise.
Dealing with family estates can be complicated, especially when not all family members are living in the same country. Sometimes family estates that include property can be even more complicated if the law of that country requires that all family members to agree to any kind of property dealings.
In our experience, when family members are not living in the same country as the property, they often agree to ‘give up’ their share of the family estate. By doing so, it allows other family members who live in the same country as the property to receive their share of the family estate.
As a leading provider of notary public services in Sydney, we assist people with managing their family estates in other countries including Bosnia, Croatia and Serbia. While different countries may follow different processes to allow family members to relinquish ownership or entitlement in property, most countries will require the relinquishing person to sign the relevant forms or documents in front of a notary public (and sometimes be authenticated or stamped with an apostille). The most common document signed by our clients is titled ‘naslednička izjava’.
Please be aware that we do not prepare any documents for this purpose as we are not familiar with the language. We require clients or their lawyers to prepare the naslednička izjava in the variation of the Serbo-Croation language most relevant to the intended destination country. Our role is to simply verify the identity of the person who signs the naslednička izjava and confirm that they have signed it in our presence (for assistance with preparing document – see below).
In our experience, here is an example of the wording used in the naslednička izjava:
Poznato mi je iz čega se sastoji imovina pokojnog […], a upoznat sam i sa odredbama Zakona o nasledjivanju i mojim nasledničkim pravima, te izjavljujem:
Prihvatam se nasledstva iza pokojnog […] koje mi pripada na osnovu zakona (testamenta) i istovremeno se svog naslednog dela odričem u korist […].
Ova izjava je izraz moje slobodne volje i kao takva je neopoziva.
This is an example only and should not be used or relied on without obtaining proper legal advice. It is very important that if you are preparing the naslednička izjava yourself that you obtain proper legal advice from a qualified lawyer in the intended destination country as to the correct form, format and content of the naslednička izjava. Be aware that in addition to the naslednička izjava, you may also require an authority – also known as a punomoć.
If you require assistance with the naslednička izjava, punomoć or any other legal document to be used in Croatia, please forward your enquiries to our Croatian Attorney at Law (Hrvatska odvjetnica).
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Ern Phang is the solicitor director of Phang Legal and a public notary. Ern regularly writes about his experiences as a public notary and the kinds of issues faced by his clients in sending documents overseas.
All information contained in this article is for general purposes only and correct as at the time of publication. You should only rely on information and advice that is specific to your situation and current at the time you wish to rely on it.