Best Estate Planning Lawyers in Marijampolė

About Estate Planning Law in Marijampolė, Republic of Lithuania

Estate planning in Marijampolė follows the national laws of the Republic of Lithuania. It involves preparing legally valid documents and arrangements to manage your assets during your lifetime and to transfer them after death. Typical tools include wills, marital property agreements, gifts, powers of attorney, and inheritance acceptance procedures with a notary. Because Lithuania is a civil law country, succession is governed primarily by the Civil Code, and inheritance cases are opened and handled by notaries located in the deceased person’s last place of residence. For residents of Marijampolė, that generally means working with a local notary office in the municipality. Lithuania is an EU member state, so cross-border estates may also be influenced by EU succession rules.

Why You May Need a Lawyer

You may benefit from a lawyer’s help if you want a clear, enforceable will that fits your family situation, such as a blended family, dependents with special needs, or estranged relatives. A lawyer can draft documents that respect Lithuanian formalities and the compulsory share rules while still meeting your goals.

Legal guidance is especially important in cross-border cases, for example if you own property in another country, have dual citizenship, live abroad, or have heirs living outside Lithuania. EU rules allow a choice of law in some cases, and a lawyer can help coordinate different legal systems.

Business owners, farmers, and professionals with significant assets may need strategic planning to transfer shares, real estate, or equipment efficiently and to minimize disputes. A lawyer can help structure transfers, shareholder agreements, or gifts and ensure proper registration.

If you are caring for vulnerable family members or anticipate future incapacity, a lawyer can prepare powers of attorney, appoint guardians where appropriate, and set up arrangements for care and financial management.

If there is a dispute among heirs, challenges to a will, or questions about debts, a lawyer can represent you before the notary and the courts, protect your rights, and negotiate settlements.

Local Laws Overview

Applicable legislation - Lithuanian Civil Code, particularly Book Five on inheritance - sets the default rules for intestate succession, the validity and form of wills, acceptance or renunciation of inheritance, and liability for debts. Wills and inheritance proceedings are typically handled by notaries according to the Law on the Notarial Profession and related regulations.

Compulsory share - Lithuanian law protects certain heirs with a compulsory share. In general, minor or disabled children, and in some circumstances a spouse and dependent parents, are entitled to a compulsory portion equal to a fraction of what they would receive under intestacy. A will cannot deprive protected heirs of this minimum share.

Forms of wills - Wills can be prepared and certified by a notary. Lithuanian law also allows private handwritten wills if strict formalities are satisfied, but notarial wills are strongly preferred for reliability, registration in the wills register, and ease of later administration.

Opening an inheritance case - Inheritance opens on the date of death. Heirs usually have a limited time to accept or refuse the inheritance by applying to a notary where the deceased last resided. In Lithuania the standard period is three months. Missing the deadline can forfeit rights, although extensions or restoration may be possible in limited circumstances.

Acceptance with inventory - Heirs inherit assets and obligations. To limit liability for the deceased’s debts to the value of the estate, heirs may request acceptance with inventory through the notary within the acceptance period. This procedure documents estate assets and helps shield heirs from personal liability beyond the estate.

Matrimonial property - Property acquired during marriage is typically joint marital property unless a different marital property regime is set by agreement. A marital agreement can define separate and joint property and is executed before a notary. This affects what becomes part of the estate at death and the surviving spouse’s rights.

Intestacy - If there is no will, heirs inherit according to legal classes. First in line are descendants, who inherit together with the surviving spouse. If there are no descendants, parents and the spouse may inherit, followed by other relatives according to statutory order. Shares depend on the class and number of heirs.

Taxes - Lithuania applies inheritance tax rules to beneficiaries. Tax rates and exemptions depend on the value of inherited assets and the heir’s relationship to the deceased. Close relatives often benefit from favorable treatment or exemptions. Reporting and payment are handled through the State Tax Inspectorate. Always check current rates and thresholds before planning transfers.

Real estate and registrations - Transfers of Lithuanian real estate through inheritance require notarial procedures and registration with the relevant property registers. The State Enterprise Centre of Registers maintains official records of real property and related rights.

Cross-border estates - Under the EU Succession Regulation, the law of the deceased’s habitual residence generally applies to the entire estate, but a person may choose the law of their nationality in a valid will. Coordination may be required if assets are located outside Lithuania or if multiple legal systems are engaged.

Trusts and foundations - Traditional common law trusts are not part of Lithuanian private law. However, the Civil Code recognizes forms of fiduciary or trust management, and private or public foundations are available for philanthropic or specific purposes. Speak with a lawyer about structures that achieve similar goals to a trust within Lithuanian law.

Frequently Asked Questions

How do I make a valid will in Marijampolė

You can make a will by visiting a notary in Marijampolė who will draft and certify the will in line with Lithuanian law and register it in the central wills register. Private handwritten wills are possible if they meet strict requirements, but notarial wills are recommended for clarity and ease of administration.

Can I disinherit a family member

You may exclude heirs in a will, but you cannot violate compulsory share rules. Minor or disabled children and, in certain cases, a spouse and dependent parents are entitled to a compulsory portion. Attempting to fully disinherit a protected heir will likely be ineffective to that extent.

How long do heirs have to accept an inheritance

Heirs typically have three months from the date the inheritance opens, usually the date of death, to submit an acceptance or renunciation to the notary at the deceased’s last place of residence. Late acceptance can be difficult and usually requires a legal basis and sometimes court involvement.

What happens if there is no will

The estate passes under intestacy rules set by the Civil Code. Descendants and the surviving spouse inherit first. If there are none, the law designates other relatives in order. The notary will identify the legal heirs and determine shares based on the statute.

Are debts inherited too

Yes, heirs receive both assets and obligations. To limit personal liability to the value of the estate, an heir should request acceptance with inventory within the acceptance period. This protects against being pursued for debts beyond the estate’s assets.

How are marital assets handled on death

Only the deceased’s share of marital property enters the estate. If spouses had a marital property agreement, its terms govern what is joint or separate. Without an agreement, the default marital property regime applies under Lithuanian law, and the surviving spouse retains their share before the remainder is distributed to heirs.

Do I need to consider taxes when planning my estate

Yes. Lithuanian inheritance tax may apply depending on the value and the heir’s relationship to the deceased. Close relatives may benefit from exemptions or lower rates. Planning techniques like lifetime gifts, marital agreements, and structuring business interests can affect tax outcomes, but always confirm current rules with the State Tax Inspectorate or a tax professional.

Can foreign nationals choose which law governs their estate

Under the EU Succession Regulation, a person may choose the law of their nationality to govern their estate, provided the choice is made in a valid will. Otherwise, the law of the habitual residence at death usually applies. This choice is especially useful for expatriates and dual nationals.

What if the estate includes property abroad

Cross-border estates require coordination. The notary in Lithuania can handle Lithuanian assets, but foreign assets must be administered according to the other country’s rules. A lawyer can coordinate with foreign counsel, obtain necessary certificates, and ensure consistent application of the chosen law.

Which documents should I prepare for an inheritance case

Common documents include the death certificate, identity documents for heirs, marriage and birth certificates to prove relationships, any will or marital agreement, property documents like land registry extracts and titles, bank statements, business share documents, and evidence of debts. The notary may request additional documents depending on the case.

Additional Resources

Lithuanian Chamber of Notaries - offers information on notarial services, wills, inheritance procedures, and contact details for notaries in Marijampolė.

Notary offices in Marijampolė - local notaries open inheritance cases, certify wills, and issue certificates of inheritance. Contact a notary where the deceased last resided.

State Enterprise Centre of Registers - maintains registers of real property and shares and provides extracts required for inheritance and property registration.

State Tax Inspectorate under the Ministry of Finance - provides guidance on inheritance tax rates, exemptions, filing procedures, and payment deadlines.

National Courts Administration - information on courts if an inheritance dispute arises or if deadlines need restoration by court order.

Legal Aid Service - state guaranteed legal aid for eligible individuals who require assistance in inheritance or estate planning matters.

Marijampolė Municipality Civil Registry - issues civil status documents such as death, birth, and marriage certificates often required for inheritance cases.

Next Steps

Clarify your goals - identify who should inherit, any dependents to protect, and any charitable or business succession wishes. Consider cross-border issues if you or your heirs have ties outside Lithuania.

Gather documents - compile identity documents, property titles, bank and investment statements, business documents, and any existing will or marital agreement to streamline discussions with a notary or lawyer.

Consult a local notary - discuss will formalities, inheritance acceptance procedures, and registration requirements. Ask about the three month acceptance period and acceptance with inventory.

Engage a lawyer - seek tailored advice on compulsory shares, marital property, cross-border law choices, tax implications, and dispute prevention. A lawyer can draft or review your will, marital agreement, and powers of attorney.

Plan for incapacity - consider financial and healthcare powers of attorney and identify trusted persons to act if you become unable to manage your affairs.

Review taxes and costs - confirm current inheritance tax rules and notarial fees so you can plan transfers efficiently and avoid surprises for your heirs.

Execute and store documents - sign documents before a notary and ensure copies are safely stored. Inform trusted family members about where documents are kept and which notary holds the will.

Revisit regularly - review your plan after major life events such as marriage, divorce, birth of a child, death in the family, moving abroad, or acquiring significant new assets.