She's not on good terms with her sister. Is she still entitled to her share?

A Slovenian woman has asked whether she is still entitled to her share of a family home after her mother passed away, despite poor relations with her sister who became the mother’s legal guardian. The woman’s mother had previously arranged a notarial document stating that upon her death, the house would be divided equally between her two daughters. However, the sister, who was appointed as the guardian, raises questions about the validity of this arrangement. The mother, before moving into a care facility, had prepared a will through a notary, specifying that each daughter should inherit half of the property. According to legal experts, the mere fact that the sister became the guardian does not affect the inheritance rights outlined in the will. A notarial will remains valid unless it is amended or revoked by the testator while they were legally capable of making such decisions. If the mother was declared legally incapacitated, the will could become invalid unless challenged in court. Under Slovenian law, guardianship does not grant the guardian the right to alter or revoke a will. The Civil Code outlines that guardians must act in the best interests of the person under their care, but they require approval from the Social Work Center or court for major financial decisions involving the ward's assets. Therefore, the sister, as guardian, cannot unilaterally change the will without the mother’s consent or judicial authorization. The mother, however, retains the legal capacity to modify or revoke the will, provided she is still mentally competent. Legal provisions state that a testator can change or cancel a will at any time, as long as they are able to understand the consequences of their actions. If the mother has been deemed legally incapable due to health issues, any new will or amendment would not be recognized as valid. There is also the possibility of contesting the will if evidence emerges that the mother was influenced or coerced by the sister during its creation. If the will was altered under duress, deception, or misunderstanding, it could be invalidated in probate proceedings. This scenario would require legal action to challenge the authenticity of the will. In response to the woman’s concerns, legal advice suggests verifying the current status of the will with the notary who drafted it. It is also recommended that she monitor the probate process and seek legal counsel if there are suspicions of the sister misusing her position as guardian. The woman is advised to consult a lawyer promptly if there are signs of attempts to alter the will or conceal assets. For the second case, a woman living with her partner for 31 years seeks clarification on inheritance rights regarding a shared home and a weekend property in Croatia. The couple cohabited outside marriage, and the man moved into her home, contributing to ongoing expenses. The woman invested her inheritance and pension in the weekend property in Croatia, which she built with her children. She wants to know how the property will be inherited. Legal analysis indicates that, although the partner has equal inheritance rights under Slovenian law, he does not automatically inherit the house if it is registered in the woman’s name and her sons’. The contribution to household costs does not equate to investment in the property itself. The son would inherit the house unless the partner is named in the will. The man’s business is considered his personal estate. In the absence of a will, the property would pass to the woman and his daughter, each receiving an equal share. The woman’s contribution to the weekend property, though substantial, does not override the legal registration unless a written agreement is established. If the property is registered as 50/50, both parties would have equal shares upon death, regardless of actual contributions. If the property is registered differently, the distribution could vary. The woman is advised to verify the land registry entry and consider drafting a written agreement reflecting the true investments. For Croatian property, consulting a local notary is recommended to ensure proper legal procedures are followed. Both cases highlight the importance of clear legal documentation and proactive legal consultation in matters of inheritance and guardianship. The women are encouraged to take steps to protect their rights and ensure their intentions are respected in the event of their passing.