Forced Heirs and the Forced Share under Croatian Inheritance Law

16/02/2026

Intro

Forced heirs are specially protected under the Croatian Inheritance Act. Even if a will distributes the estate differently, certain close family members are legally entitled to a forced share of the estate.

In practice, the most common questions are:

Who qualifies as a forced heir in Croatia?
How is the forced share calculated?
Can a will be challenged?
How can inheritance rights be protected in probate proceedings?

Below is an overview of the key legal rules.

Who Are Forced Heirs under Croatian Law?

According to the Croatian Inheritance Act, the following persons qualify as forced heirs:

Children of the deceased (marital, non-marital and adopted)
Grandchildren and further descendants (if their parent does not inherit)
The spouse
An unmarried partner or life partner (subject to statutory conditions)
Parents of the deceased, provided they are unable to work, lack sufficient means of support and there are no descendants

These persons are entitled to a legally protected minimum portion of the estate, regardless of the content of the will.

What Is the Forced Share and How Is It Calculated?

The forced share represents the minimum portion of the estate that must be reserved for a forced heir, even if the will provides otherwise.

The amount of the forced share is:

One half (1/2) of the statutory share for descendants and the spouse/life partner
One third (1/3) of the statutory share for parents and other ancestors (if statutory conditions are met)

When calculating the forced share, the following are taken into account:

The total value of the estate
Lifetime gifts made by the deceased
Outstanding debts and liabilities

Lifetime gifts are often a frequent source of disputes among heirs.

Must the Forced Share Be Specifically Claimed?

Yes. The right to a forced share is not granted automatically.

A forced heir must explicitly assert their claim during probate proceedings. Failure to do so may result in losing the opportunity to enforce this right.

Timely legal advice is therefore crucial.

When Is the Forced Share Violated?

A violation typically occurs when:

The will completely excludes a forced heir
The heir receives less than the legally guaranteed portion
Lifetime gifts significantly reduce the value of the estate

In such cases, it is possible to:

Request reduction of testamentary dispositions
Seek restitution of gifts
Initiate court proceedings to protect forced share rights

Each case requires an individual legal assessment.

Common Probate Disputes in Practice

Typical situations include:

Disinheritance of one child in a will
Transfer of real estate to one heir during the deceased’s lifetime
Disputes between a surviving spouse and children from a previous marriage
Inheritance involving foreign citizens or assets abroad

These matters require professional legal representation and careful handling under Croatian inheritance law.

Need Legal Assistance Regarding a Forced Share?

If you believe your forced share has been violated, or if you wish to draft a will in compliance with Croatian law and avoid future disputes, we recommend seeking professional legal advice.

Law Office Andrej Bašović provides legal services in the field of inheritance law, including:

Legal advice on forced heirs and forced share rights
Representation in probate proceedings
Challenging wills
Protection of forced heirship rights
Legal analysis of gifts and estate assets

Contact us to schedule a legal consultation.
Timely legal action may be crucial in protecting your inheritance rights.

Do you have any more questions?

A representative from our office will get back to you as soon as possible.