Georgian civil legislation protects the interests of the deceased's closest relatives, regardless of what is written in the will. This mechanism is known as the "Forced Heirship" or "Compulsory Share." Often, a testator leaves their entire estate to one specific person (e.g., a second spouse or only one child), thereby unfairly disinheriting other children or parents. The law strictly establishes that First Class heirs (children, parents, spouse) have the right to demand a compulsory share, regardless of the will's content. This right is absolute and cannot be restricted by a will.
Forced heirship issues give rise to complex legal disputes. The main challenge is correctly calculating the amount of the share and actually receiving it, especially when the testamentary heir refuses to cooperate. Many citizens are unaware that the claim for a compulsory share has a statute of limitations, and missing it results in the loss of the right. Legal.ge gives you access to lawyers who will help you restore your legal right and receive your guaranteed share.
What Does Forced Heirship Service Cover?
This service focuses on restoring the rights of heirs disinherited by a will:
- Establishing Entitlement: Determining whether a person is entitled to a compulsory share (only First Class heirs are eligible).
- Calculating the Share: By law, the compulsory share is half of what the heir would have received under intestate succession. The lawyer performs this complex mathematical and legal calculation.
- Negotiation with Testamentary Heir: Attempting to have the testamentary heir voluntarily allocate the compulsory share without court intervention.
- Court Litigation: Preparing a lawsuit to claim the compulsory share if a voluntary agreement cannot be reached.
- Accounting for Gifts: When calculating the compulsory share, property gifted by the deceased to third parties during their lifetime (in the period leading up to death) is also taken into account to prevent evasion of the compulsory share.
Common Real-World Scenarios
Forced heirship disputes often unfold in the following cases:
The first scenario is the "New Family." A father left his entire estate to his second wife via a will, leaving children from his first marriage without inheritance. The children have the right to demand a compulsory share (half of their intestate share).
The second case is "Unworthy Heir." The testamentary heir claims that the person claiming the compulsory share is an "unworthy heir" (e.g., did not care for the parent) and should not receive a share. This requires serious legal defense.
The third scenario is hiding assets via gifts. The deceased gifted all property to one child a month before death so that nothing would be left for the other. The law allows for such gifts to be counted in the compulsory share mass.
The fourth situation is missing the deadline. The right to claim a compulsory share is time-limited (3 years from the opening of the estate). Heirs often apply too late because they are unaware of this deadline.
Georgian Legal Framework and Regulations
Forced heirship issues are strictly regulated by the Civil Code:
- Civil Code of Georgia (Articles 1336-1343): Establishes the right to a compulsory share. Article 1336 determines that the testator's children, parents, and spouse are entitled to a compulsory share regardless of the will's content.
- Size of Share: The compulsory share is one-half of the share that the heir would have been entitled to under intestate succession.
- Waiver: An heir can waive their right to receive a compulsory share, but this does not cause the share to pass to their own heirs.
Process and Stages
The process begins with reviewing the will. If it turns out that a First Class heir is not mentioned, the lawyer starts calculating the compulsory share. This is complex as the entire estate must be valued. Then a demand is sent to the testamentary heir. If they refuse to allocate the share, the case goes to court. The court obliges the testamentary heir to pay compensation or allocate part of the property in favor of the compulsory heir.
Why Legal.ge?
Claiming a compulsory share requires precise mathematical and legal calculations. A mistake can lead to the loss of thousands of Lari. On Legal.ge, you will find lawyers who know how to protect your inheritance rights regardless of the existence of a will.
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