Bosnia, Croatia and Serbia – Naslednička Izjava
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 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. You would probably do this if you have no interest in the property or you can make the management of the estate by leaving it to someone who is living over there.
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’.
Since Bosnia, Croatia, and Serbia are members of the Apostille Convention, generally all documents that have been signed in Australia must also be notarised and stamped with an apostille before they will be legally valid or recognised. In Australia, the apostille is only issued by the Department of Foreign Affairs and Trade, which is the issuing authority for the apostille. Aside from providing the notary public services to notarise your document, we can also arrange for the apostille.
Please be aware that we do not prepare any documents for this purpose as we are not familiar with the language. Notary public services str limited to verifying your identity, witnessing your signature, and notarising your document on the basis that you were the person who signed it in our presence. 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 this 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 upon without obtaining proper legal advice from a qualified lawyer in the intended destination country. 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 – which authorises someone to act on your behalf and to do all things necessary to give effect to your wishes overseas.
EDIT: we no longer provide assistance or referrals for Croatian legal services. You should make your own enquiries with your lawyer in Croatia.
Do you have any questions?
Sending documents from Australia to other countries can be complicated. We make it simple.
If your documents must be stamped with an apostille or authenticated and then legalised, we can help with that too. We've also created a flowchart to explain the process.
So, what's next?
Why choose Phang Legal for your notary public services?
We're a leading provider of notary public services in Sydney. We're known for our experience and expertise in notarising documents for other countries, our low-cost fixed fees and service offering, and our availability to help on short notice.
Our office is conveniently located in Parramatta, the geographic centre of the Sydney metropolitan area. We help clients from across Sydney and beyond with personal, professional and timely notary public services.
This website is maintained by Phang Legal, a boutique law firm in Parramatta and a leading provider of quality notary public services to satisfied clients across Sydney.
Ern Phang is a director of Phang Legal and a notary public (since 2005). Ern regularly writes about his experiences as a notary public and the issues faced by his clients in sending documents to other countries.