It has been three years since the first unclaimed will was discovered at the District Court in Nova Gorica. After examining all 44 district courts, of misplaced wills it was found that 945 cases the will of the testators after their deaths was not met due to the testament being misplaced by the court. The aggrieved heirs were then advised to file for damages.
So far, the state attorneys’ office has received 32 claims. In most cases, settlements were reached, totalling almost 250 thousand euros. 11 cases are still open, claims for damages in these cases range from almost 700 to 300 thousand euros.
Four lawsuits are still open
The State Attorneys' Office also received six lawsuits. In one case a settlement was reached – instead of the claimed 127 thousand euros, the state agreed to pay 70 thousand euros of compensation. In another case, the court has already issued a binding ruling that dismisses the claim. Four lawsuits are still open.
The Supreme Court ensures that measures have been taken to prevent something similar from happening again. Consequently, more than 13,000 wills have been additionally entered in the central register of wills at the Chamber of Notaries of Slovenia after this affair.
No one held responsible
Who is responsible for lost wills? Last year, the Supreme Court explained that the presidents of the courts did not identify the elements of a criminal act in any of the cases of misplaced wills, but found elements of personal responsibility in 110 cases. "In these cases, an appropriate disciplinary procedure could have been initiated. However, it turned out that the presidents of the courts cannot act either because of the limitation period or because the responsible person is no longer employed at the court," they stated in March last year.
Justice Minister Goran Klemenčič also expressed his doubts at a justice committee session in October 2016 that the courts would be able to determine who was responsible that the wills failed to be entered into the central register of wills as far as 10 years ago.
