Australski Testament ili Punomoc trebase

[anonimno]

Moji roditelji su kuplili zemlju i zgradili kucu koja se onda upisalo na cacino ime. Nasa obitelj se odselili u Australiju i ostala kuca na kiriji. Nikad se kuca i zemlja prodala. Moj Tata je umro u 1976 i ostavio testament u Australiji cjelo ostavlistinu je ostalo mojo mami. Jel istina da taj testament ne vazi u hrvatskoj ili moraju sva dica dati mami puno moc tako da ona moze prodat kucu i zemljiste.

Drugo dva brata nemaju nikakvo licnost sa slikom (nemaju voznu dozvolu) da pokazedu hrvatskom conzulu tako da bi mogli punomoc dat ako se treba.

Koji nacin bi moja mama mogla prestupit da moze svoju pru kucu i zemljiste da pre svoji?

Ova Zemljiste se vrti oko Splita

Zeljka

[anonimno]

Zeljka,

 

I will write in (bad) English to make you easier to understand.

 

The Will of your father is probably valid in Croatia if it was valid in Australia. This is probably no problem.

 

The real problem is that the Australian Courts have no jursidiction over the real estates in Croatia and your mother, you and your brothers should start a probation process before the court in Croatia. If your brothers are minors (if this is the reason why they do not have any document with a picture), in such case the testament cannot be obeyed by the Court in all details and esp. not in a way that your mother should inherit all the real estate. The problem is that in Croatia one cannot exclude without very serious reason his/her children and leave whole proeprty to the spouse and even if he/she tries to do so, the children has the right to receive 1/2 of property which will belong to them if there was no Will. In the opposite case, if your brothers are not minors, they will need to obtain a document with a picture (passport may be a good idea) and they will be allowed to refuse to receive anything which belongs to them under the Croatian law. Also, there is no need to go to the Croatian Consulate in Australia. You can use any public notary in Australia but all the documents issued by the public notary must be provided by an Apostille in sense of Hague Convention (just say this to public notary, he/she will know meaning of this "formula").

 

The bottom line is that, the whole story is very complicated to be explained on the forum and you will need an English-speaking lawyer in Croatia (the best solution is to choose one in the town/city where the real estate is).

 

Hope it helps.

 

Marko

[anonimno]

Marko,

Hvala puno no savjet.

 

My brothers were minors when my dad died but are now 46 and 43. So how does the situation appear now?

 

Do you know of any good english speaking probate lawyers in Split?

 

Zeljka

je napisao:

Zeljka,

 

I will write in (bad) English to make you easier to understand.

 

The Will of your father is probably valid in Croatia if it was valid in Australia. This is probably no problem.

 

The real problem is that the Australian Courts have no jursidiction over the real estates in Croatia and your mother, you and your brothers should start a probation process before the court in Croatia. If your brothers are minors (if this is the reason why they do not have any document with a picture), in such case the testament cannot be obeyed by the Court in all details and esp. not in a way that your mother should inherit all the real estate. The problem is that in Croatia one cannot exclude without very serious reason his/her children and leave whole proeprty to the spouse and even if he/she tries to do so, the children has the right to receive 1/2 of property which will belong to them if there was no Will. In the opposite case, if your brothers are not minors, they will need to obtain a document with a picture (passport may be a good idea) and they will be allowed to refuse to receive anything which belongs to them under the Croatian law. Also, there is no need to go to the Croatian Consulate in Australia. You can use any public notary in Australia but all the documents issued by the public notary must be provided by an Apostille in sense of Hague Convention (just say this to public notary, he/she will know meaning of this "formula").

 

The bottom line is that, the whole story is very complicated to be explained on the forum and you will need an English-speaking lawyer in Croatia (the best solution is to choose one in the town/city where the real estate is).

 

Hope it helps.

 

Marko

[anonimno]

http://www.odvj-komora.hr/WebStuff/Town_En/21000LO1.html

 

Unofrtunatelly I do not know anyone in Split. It is link to all lawyers in Split. Try to contact a few of them.

 

Regards,

 

MArko