Inheritance Law as interpreted by the Supreme Court in Albania

Abstract In Albanian civil law, inheritance is established as a cornerstone institution within the legal framework. It arises upon the death of an individual and is categorized in two forms: legal inheritance and testamentary inheritance. This legal concept encompasses all state-issued norms that regulate property relations arising from an individual’s death and governs the transfer of assets from the de-cuius (the testator) to their heirs. This process confers civil rights and obligations upon the inheritors. Within civil law, inheritance pertains to property relations that commence posthumously, defined as “ the lawful or testamentary transfer of the deceased’s property to one or more individuals in accordance with the provisions of the legal code.” The legal relationship of inheritance in Albania is contingent upon the death of the testator, marking a pivotal legal fact. This relationship is characterized by its dual nature: it encompasses both property and familial dimensions. The property aspect becomes manifest at the moment of the testator’s death, as their rights and real property are transferred to their heirs. Meanwhile, the familial dimension pertains to specific qualities required of heirs, such as blood relations, adoption, or marital status. A will has legal effect only at the moment of the testator’s death, when the inherited property automatically transfers to the heirs by operation of law. The death of the specified individual is essential for initiating these legal effects.