← All countries
🇲🇪

Inheritance & wills in Montenegro

Inheritance Law (Zakon o nasljeđivanju, 74/2008 as amended) governs all Montenegrins. Forced-heirship (nužni dio) reserves descendants + spouse + parents at 1/2 of statutory share. The Islamic Community of Montenegro (Islamska Zajednica u Crnoj Gori, IZCG) provides faraid guidance for the ~20% Muslim population (Bosniaks in Sandžak-Montenegro + Albanians in Ulcinj/Tuzi).

Informational — not legal advice

Statutes change; statements here reflect publicly available references as of 2025. For specific drafting and probate, consult a qualified lawyer admitted in Montenegroand a scholar familiar with your madhhab.

How inheritance works

Inheritance Law (Zakon o nasljeđivanju, 74/2008 as amended) governs all Montenegrins. Forced-heirship (nužni dio) reserves descendants + spouse + parents at 1/2 of statutory share. The Islamic Community of Montenegro (Islamska Zajednica u Crnoj Gori, IZCG) provides faraid guidance for the ~20% Muslim population (Bosniaks in Sandžak-Montenegro + Albanians in Ulcinj/Tuzi).

What makes a will valid

Public will (before a notary + 2 witnesses), holographic (handwritten, dated, signed), court-deposited will, or emergency oral will.

Registration & where to lodge

Notary Public Registry (Registar testamenata) at the Notary Chamber.

Witness rules

Public will: 2 adult witnesses + notary, non-beneficiaries with civil capacity. Holographic: no witnesses at drafting.

Zakat in Montenegro

Collecting authority
Islamska Zajednica u Crnoj Gori
Tax relief
Limited charitable deduction; verify with the Tax Authority each year.
Maximum relief
Discretionary
Notes
Smaller Muslim community than other Balkan states; central Bait al-Mal in Podgorica.

Forced heirship & statutory overrides

Reserved portions (nužni dio) for descendants (1/2), spouse (1/3), and dependent parents (1/3) of statutory share.

Probate / execution after death

Notary-led probate (ostavinski postupak); contested cases go to Basic Court.

Scholar notes

Predominantly Hanafi (Ottoman heritage). IZCG follows Sarajevo Rijaset guidance on fatwa references.

Common pitfalls

  • Common-law inheritance practice in some rural municipalities may diverge from civil law — verify with the notary.
  • Coastal foreign-property (Budva, Kotor) may fall under EU Succession Regulation election if testator was EU-national.

Official authorities & registries

FAQ — Islamic will & inheritance in Montenegro

  • Is Islamic inheritance (faraid) legally recognised in Montenegro?

    Inheritance Law (Zakon o nasljeđivanju, 74/2008 as amended) governs all Montenegrins. Forced-heirship (nužni dio) reserves descendants + spouse + parents at 1/2 of statutory share. The Islamic Community of Montenegro (Islamska Zajednica u Crnoj Gori, IZCG) provides faraid guidance for the ~20% Muslim population (Bosniaks in Sandžak-Montenegro + Albanians in Ulcinj/Tuzi).

  • What makes an Islamic will (Wasiyyah) legally valid in Montenegro?

    Public will (before a notary + 2 witnesses), holographic (handwritten, dated, signed), court-deposited will, or emergency oral will.

  • Where do I register my will in Montenegro?

    Notary Public Registry (Registar testamenata) at the Notary Chamber.

  • Does Montenegro have forced-heirship rules that override an Islamic will?

    Reserved portions (nužni dio) for descendants (1/2), spouse (1/3), and dependent parents (1/3) of statutory share.

  • How does probate work in Montenegro?

    Notary-led probate (ostavinski postupak); contested cases go to Basic Court.

  • How many witnesses do I need for a will in Montenegro?

    Public will: 2 adult witnesses + notary, non-beneficiaries with civil capacity. Holographic: no witnesses at drafting.

  • What are the most common Islamic-will pitfalls in Montenegro?

    Common-law inheritance practice in some rural municipalities may diverge from civil law — verify with the notary. Coastal foreign-property (Budva, Kotor) may fall under EU Succession Regulation election if testator was EU-national.

Ready to draft?

Apply this knowledge in the Wasiyyah writer or run the inheritance numbers.