In the absence of a will, who inherits and how much?
Last update: 10/3/2012
In the absence of a will, the following principles apply to various scenarios:
- *If the deceased was unmarried and without children: * The legacy of the deceased, who does not have any descendants, is inherited by their parents. If the parents (or one of them) died before the testator, their or his/her descendants (siblings of the deceased, or their descendants) inherit their or his/her share.
- *If the deceased was unmarried and leaves children: * The deceased’s legacy is inherited by their children. They inherit equal shares.
- *If the deceased leaves a spouse: * The legacy of the deceased, who does not have any descendants, is inherited by their parents, and their spouse. The deceased’s parents inherit one half of the legacy in equal parts, whereas the deceased’s spouse inherits the second half of the legacy.
- *If the deceased leaves a spouse and children: * The legacy of the deceased is inherited first of all by their children, and their spouse. They inherit equal shares.
Do partners of a registered or unregistered partnership inherit?
Slovenia does not provide registration of partnership. An exception is the same-sex civil partnership registration. Partners of the same sex cannot marry; however, they may register a civil partnership. For the surviving partner, the same rules apply as for a surviving spouse.
An unmarried couple living together in a long-term relationship inherit in the same manner as spouses.
Detailed information
In the absence of a will, the following principles apply: (Articles 11 through 24 of the Inheritance Act):
If the deceased was unmarried and without children, the succession is devolved to his/her parents; however, if his/her parents (or one of them) has died before the deceased, their (or his/her) share belongs to the deceased’s siblings (the deceased’s brothers and sisters and/or their descendants).
If the deceased was unmarried and leaves children, his/her children inherit his/her estate in equal shares.
If the deceased leaves a spouse, but no children, his/her estate is distributed among his/her parents and his/her spouse. The deceased’s parents inherit one half of the estate in equal shares, while his/her spouse inherits the other half of the estate.
If the deceased leaves a spouse and children, his/her children and spouse inherit in the first place and in equal shares.
What are the rights in the succession of partners of registered or non-registered partnerships?
Same-sex partners of a registered partnership inherit in the same manner as spouses (Article 10 of the Inheritance Act). According to the decision of the Constitutional Court (OJ No. 425/06, dated 2 July 2009), partners of a non-registered same-sex partnership have identical rights of succession as spouses.
