Inheritance Patterns in Serbia: Analyzing Gender and Kinship Disparities in Court Decisions

According to the Inheritance Law of the Republic of Serbia, male and female heirs are granted equal rights. However, many daughters in various regions of the country still renounce their inheritance in favor of their brothers, and mothers often cede property to their sons. Some existing research shows that in rural areas of Serbia, nearly half of women renounce their inheritance. Despite the legal protections that guarantee equal inheritance rights, it appears that patriarchal values play a significant role in perpetuating these customary practices.

Under Serbian law, renouncing an inheritance is an irrevocable decision that must be made before the conclusion of the inheritance judicial procedure, and it carries implications for other entitlements, such as eligibility for social assistance. However, when heirs make their inheritance declaration, state officials are not required to inform them of the consequences of renouncing their inheritance rights. As a result, it is not uncommon for female heirs to later regret their decision and seek to reverse it, only to discover that doing so is legally impossible.

The research centers on the analysis of court decisions issued by Serbian courts in 2022. The central hypothesis is that patrilineal inheritance patterns are most prominent in the distribution of property. The aim of this research is to uncover patterns of property inheritance within families in Serbia, with a particular focus on how gender and kinship relations shape the distribution of assets among heirs. Additionally, the study seeks to explore the discrepancies between legal provisions and actual inheritance practices.