The forced share (nujni delež) is the part of an estate that a person in Slovenia cannot take away from their closest relatives, either by will or by giving property away during their lifetime. Descendants and the spouse are entitled to half, and parents to one third, of what they would have inherited without a will. The court does not grant it automatically – the forced heir must claim it and keep an eye on the deadlines.
Who counts as a forced heir
The Slovenian Inheritance Act (Zakon o dedovanju) sets out who is entitled to a forced share even when a will leaves them out or the deceased gave everything away while alive. These are:
- the deceased’s descendants (children, grandchildren, great-grandchildren) and adopted children and their descendants,
- the deceased’s spouse,
- the deceased’s parents,
- grandparents and brothers and sisters – but only if they are permanently unable to work and lack the means to support themselves.
Because the forced share is calculated from the intestate share, in practice only someone who would actually inherit under the statutory order receives it. Parents are therefore forced heirs only when the deceased had no descendants, and a grandchild only when their own parent has already died.
How large is the forced share
First work out what the person would inherit without a will (under the orders of succession), then halve it or reduce it to one third. Whatever remains after the forced shares is the disposable portion, which the deceased could leave to anyone.
| Forced heir | Forced share | Example: estate of €120,000 |
|---|---|---|
| Children, adopted children, grandchildren | 1/2 of the intestate share | two children: intestate share €60,000, forced share €30,000 |
| Spouse | 1/2 of the intestate share | spouse and two children: intestate share €40,000, forced share €20,000 |
| Parents | 1/3 of the intestate share | spouse and both parents, no children: father €30,000, forced share €10,000 |
| Grandparents, siblings (only if permanently unable to work and without means) | 1/3 of the intestate share | depends on the order of succession |
If a father leaves everything to his daughter by will and his son gets nothing, the son in our example can claim €30,000, or a quarter of the estate. The will remains valid; only the gift to the daughter is reduced.
How it is calculated: gifts count too
The forced share is not calculated only from what was left at the time of death. The court works out a notional value of the estate: it takes the assets at death, deducts debts and the costs of the inventory and the funeral, and adds back gifts.
- Gifts to statutory heirs are added regardless of when they were made – even if the deed of gift is twenty years old.
- Gifts to other people are added only if they were made in the last year of the deceased’s life, apart from customary small gifts.
- Not counted are gifts for charitable and humanitarian purposes.
A gift also includes writing off a debt, waiving a right, or money an heir received to set up a household or start a career. A gift is valued at prices at the time of death but in the condition it was in when given: if the daughter renovated an old house she was given, the value of the unrenovated house at today’s prices is used.
Example: ten years ago a father gave his daughter a house now worth €150,000; at his death he had €30,000 in the bank, which he also left to his daughter by will. The notional estate is €180,000, the son’s intestate share €90,000 and his forced share €45,000. The will is reduced first (€30,000), and the son recovers the remaining €15,000 by claiming the return of the gift.
Descendants who lived with the deceased and helped them acquire or preserve the property can ask for a corresponding part to be set aside from the estate. Ordinary household items that go to the spouse and descendants who shared the household are left out of the calculation.
Gift, transfer agreement and lifetime care contract
Each way of transferring property during one’s lifetime affects the forced share differently:
| Contract | Consent of other descendants | Effect on the forced share |
|---|---|---|
| Deed of gift (darilna pogodba) | not required | the gift is added to the estate; a forced heir who is short-changed can demand its return |
| Lifetime transfer agreement (izročilna pogodba, notarial deed) | consent of all descendants required | the transferred property is not part of the estate; for a descendant who did not consent it is treated as a gift |
| Lifetime care contract (pogodba o dosmrtnem preživljanju) | not required | a contract for value, so the property is not part of the estate; a sham contract hiding a gift can be challenged by a forced heir |
How to claim the forced share and the deadlines
- In the probate proceedings, declare that you claim the forced share. This is possible until the inheritance decision becomes final, but it is wise to do so at the hearing.
- Order of reduction: testamentary gifts are reduced proportionally first; only if that is not enough are lifetime gifts returned – starting with the most recent.
- Lawsuit: if there are no probate proceedings because the deceased gave everything away while alive, the forced heir has to go to court in civil proceedings.
A reduction of testamentary dispositions can be claimed within three years of the will being announced, and the return of gifts within three years of the deceased’s death. Only forced heirs may make these claims. As a rule, the forced heir receives a proportional share of each asset, i.e. co-ownership; it is paid in cash if the will says so or the heirs agree. The full text is available in the Slovenian Inheritance Act on the Tax-Fin-Lex portal (in Slovenian). Other countries, including the UK and the US, have very different rules.
Disinheritance: when the forced share is lost
A testator can disinherit a forced heir wholly or partly, but only on statutory grounds: if the heir seriously breached their legal or moral duties towards the testator, intentionally committed a serious crime against the testator or their close family, or gave themselves over to idleness and a dishonest life. Disinheritance must be stated unambiguously in the will, the reason should be given, and it must already exist when the will is made. Because disputes are common, it pays to consult a notary or lawyer before signing a will or a deed of gift.
Frequently asked questions
Is the forced share granted automatically in Slovenia?
No. The court does not apply it of its own motion. A forced heir must state that they claim it, at the latest before the inheritance decision becomes final, and claims concerning gifts must be brought within three years of the deceased’s death.
How much is a child’s forced share?
Half of what the child would inherit without a will. With two children and no other heirs, each child’s intestate share is half of the estate and the forced share is one quarter.
Do lifetime gifts count towards the forced share?
Yes. Gifts to statutory heirs are added to the estate no matter when they were made; gifts to anyone else count if they were made in the last year of the deceased’s life (except customary small gifts and gifts to charity).
Can parents disinherit a child in Slovenia?
Only by will and only on statutory grounds: a serious breach of duties towards the testator, an intentional serious crime against the testator or their close family, or a life of idleness and dishonesty. The disinheritance must be stated unambiguously.
Is the forced share paid out in cash?
As a rule, no: the forced heir is entitled to a proportional part of every asset in the estate. It is paid in cash if the testator provided for this or if the heirs agree on it.
