Succession in Croatia
15-02-2023

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Can I retain some rights associated with the assets I give away? Can I reserve a right of reclaim?

Although conveyance of ownership based on a Lifelong Support Agreement is postponed until after the death of the recipient of support, the agreement may be terminated during his/her lifetime consensually or unilaterally due to failure to fulfil the obligations arising from the agreement. Rules set out in the Lifelong Support Agreement also apply to the Support until Death Agreement.

An Agreement on Cession and Distribution of Property can be renounced under the same conditions as a Donation Agreement, namely on grounds of pauperisation or ungratefulness. Pauperisation means a loss of means for elementary support under the condition that the donor cannot request the necessary support from persons obliged to support him/her by law. Ungratefulness of the recipient of a donation exists if the recipient commits an act against the donor or a member of his/her family punishable under the Penal Code, or fails to fulfil obligations set out by law to the donor or a member of his/her family. In all three cases, an easement or an encumbrance may be established to the benefit of the recipient of support or the testator. 

Information for non-EU European countries is available on the International Union of Notaries (UINL) website at the following link.