The Legal Affairs Committee of Georgia’s Parliament has supported, in the first reading, amendments to the Civil Code aimed at bringing inheritance rules into line with a Constitutional Court decision.
The changes focus on Article 1343(1), which regulates the transfer of ownerless or unclaimed property, according to First Deputy Chair of the Procedural Issues Committee Akaki Aladashvili.
The reform follows a September 19, 2025 ruling by the Constitutional Court in the case Giorgi Khorguashvili v. Parliament of Georgia, which found part of the existing rule unconstitutional in relation to Article 11(1) of the Constitution on equality.
Under the previous legislation, if a deceased person had no legal or testamentary heirs, their property would pass to the state. However, an exception allowed unclaimed estates to be transferred directly to institutions such as elderly care homes, disability facilities, medical centres or other social institutions if the deceased had been under their care.
The Court ruled that this exception created unequal treatment, noting that private individuals such as relatives or friends who may have provided equal or greater care were excluded from the same possibility of inheriting property.
The Court also said the disputed provision would lose legal force on July 1, 2026.
To prevent a legal gap, the new draft law revises Article 1343(1) to state that if there are no legal or testamentary heirs, if no heir accepts the estate, or if all heirs are deprived of inheritance rights, ownerless property will pass to the state.
Under the revised wording, the previous exception allowing transfer to specialized institutions is removed entirely.
