Quick Overview
- A will is a unilateral legal act through which you determine who will inherit from you and to what extent. As of 2026, it is governed by the Civil Code and must comply with the prescribed form; otherwise, it may be invalid.
- The most secure option is a will drawn up as a public document by a notary, because it is registered and there is no risk of it being lost or of the heirs challenging its authenticity.
- However, even a valid will must respect the rights of mandatory heirs—that is, your children and, where applicable, their descendants. They are entitled to a mandatory share unless they have been validly disinherited.
- An heir may be disinherited only for statutory reasons. A personal conflict or a sense of injustice is not sufficient.
- An estate may also be insolvent. Therefore, before accepting an inheritance, an heir should always consider whether to exercise the right to an inventory or to renounce the inheritance.
Are you wondering how to draft a will so that it will hold up in future probate proceedings? Have a lawyer prepare a customized will for you —especially if the estate includes real estate, multiple heirs, children from different relationships, or the risk of family disputes.
What types of wills are there?
The right to inherit is explicitly guaranteed in the Constitution itself.A common“tool” for actively distributing one’s assets while still alive is the traditional will. It is essentially a unilateral “last will and testament,” that is, an instruction on how the assets are to be distributed.
It can be written either in one’s own handwriting with a signature or in the presence of witnesses. However, the surest way is to draw up a will in the form of a public deed. Such a will cannot be“lost,” as the notary keeps it in a special registry. In the will, the person in question—referred to in legal terms as the “testator”—names the heirs and specifies their shares.
A supplementary clause may also be used to set a condition—for example, that a grandson must complete his studies in order to inherit his grandfather’s classic car, which he has always wanted. However, it is not possible to impose a condition that would be contrary to public morality or public order. Thus, it is not possible, for example, to make an inheritance contingent on a prohibition against marrying. An heir may also be required to fulfill a specific obligation, such as mowing the meadow they inherit.
| Form of a Will | When It Makes Sense | Main Risk |
| Handwritten Will | Simple distribution of assets, few heirs, no family disputes | Errors in wording, loss of the document, challenges to its authenticity |
| Witnessed will | When the testator is unable or unwilling to write the entire will in their own handwriting | Requirement to comply with rules regarding witnesses and signatures |
| Notarized will | Real estate, significant assets, children from multiple relationships, risk of disputes | Higher costs, but the greatest legal certainty |
| Inheritance agreement | Exceptional situations where the testator enters into a contractual agreement with a future heir | Less flexibility than with a will |
It is also possible to enter into an inheritance contract. However, this is more of a curiosity. It is a relatively new legal concept that has only been in use since 2014. Essentially, you can enter into an agreement with an heir and specify exactly what they will inherit. Often, the heir pays something in return.
However, this new method is not widely used in practice. This is largely because we are not restricted in any way in disposing of our property during our lifetime. We can therefore transfer property, with or without consideration, at our discretion, even to a person other than the contractual heir.
If inheritance does not take place on the basis of an inheritance contract or a will, so-called intestate succession applies. The Civil Code establishes six classes of heirs, which are considered in order of priority. Under the first class of heirs, the spouse and children inherit. If there are none, the property passes to their descendants. If there are no heirs in the first class, heirs from the second class take precedence, and so on. “Great-great-grandparents” or first cousins have now been included among the statutory heirs.
Are you unsure whether a holographic will is sufficient, or if a will drawn up by a notary is safer for you? For larger estates, real estate, or more complex family relationships, we recommend having a will prepared by an attorney. This will help you avoid a situation where, after your death, your heirs begin to dispute the interpretation or validity of the will.
If the deceased has no relatives, the estate passes to the state as“escheat.” If, for example, the deceased owned a single piece of real estate along with some financial assets, it would certainly be a shame to divide the real estate among the heirs. We have extensive experience with how such situations turn out.
If possible, it is better to leave the property to just one person and compensate the others. Reaching an agreement after the death of the family’s “patriarch” can be impossible. This is especially true in situations where part of the family lives in the house that is the subject of the inheritance, while another part views it solely as a source of income and is unwilling to invest in its improvement.
For heirs who inherit by law or by will,“universal succession”applies. This means that they inherit everything in specific shares, and there are so-called “mandatory heirs.” These heirs are entitled to a mandatory share of the estate regardless of the will or bequest.
This typically causes problems precisely in situations where the decedent’s primary asset is real estate and the rest is not worth much. The heirs who cannot be disinherited are the children, and if they do not inherit, then their descendants. A minor who is a mandatory heir must receive at least three-quarters of their statutory share of the inheritance. An adult is entitled to one-quarter.
Let’s illustrate this with a real-life example:
The decedent had a wife, one son aged 22, and another aged 17. The value of the estate, consisting of a single house solely owned by the decedent, was 3,600,000 crowns. According to the will, everything was to go to the wife. However, due to the mandatory shares, it was not possible to strictly follow the will. The wife and children were in the first class of heirs and inherited equal shares. In our case, each of them received 1/3 of the estate by law, which amounted to 1,200,000 crowns. The minor son’s statutory share amounted to 3/4 of his legal share of the estate. That amounted to 900,000 crowns. For the adult child, as we have already mentioned, the share was ¼ of the statutory share, which in this case amounted to 300,000 crowns. The mother then received the remaining 2,400,000.
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Disinheritance
If the decedent wishes to prevent heirs from receiving even their statutory share, he or she must disinherit them. However, disinheritance is possible only for reasons specified by law. Reasons include failure to provide assistance, if a descendant shows no genuine concern for the testator, if the descendant has been convicted of a crime committed under circumstances that indicate a depraved character, or if the descendant leads a persistently dissolute life.
A specific ground for disinheritance is a descendant’s heavy indebtedness, as well as prodigality. In such cases, however, the decedent must also bequeath what would have belonged to his or her prodigal son or daughter directly to their descendants—that is, to his or her grandchildren. In practice, however, this involves truly extreme behavior, typically drug addiction.
However, it is not only the testator who should exercise caution when settling an estate. An estate, even if at first glance it may include several valuable properties, may in fact be over-indebted. This means that the total debts exceed the value of the assets.
Of course, an inheritance can be renounced. This usually happens precisely because the estate is overindebted. The inheritance then passes to the other heirs in proportion to their respective shares. Be aware, however, that a renunciation cannot be revoked.
It is also possible to renounce an inheritance or waive one’s right to inherit. Renouncing an inheritance can only be done in favor of another person. Waiving the right to inherit can be done through a contract entered into during the decedent’s lifetime.
Have you inherited property but are worried about debts? Before you accept or renounce the inheritance, have a professional assess which course of action is safest for you. In the case of an over-indebted estate, a wrong decision can result in an unnecessary financial burden.
Tip for article
Unfortunately, settling an estate also comes with a lot of problems. What about inherited debt? Is it possible to avoid it? And what if, for example, two-year-old children inherit such a debt? Learn more in our article.
Summary
A will is the most common way to decide during one’s lifetime who will inherit one’s assets after death. However, to truly serve its purpose, it must be drafted in the correct form, clearly identify the heirs and their shares, and respect the rights of mandatory heirs. In cases involving complex family relationships, real estate, descendants with debts, or planned disinheritance, it’s best not to rely on templates found online and to have a will drafted individually. Heirs should also keep in mind that an estate may include debts, so it is sometimes safer to renounce the inheritance or request an inventory of the estate.
We prepared this article for the Lidové noviny series “Law & Housing.” Be sure to check out other articles in the series:
- What to Watch Out for When Buying Real Estate
- How to Get a Mortgage
- What to Check Before Buying Real Estate
- Who Pays Real Estate Transfer Tax and How?
- What a real estate purchase agreement should include
- The Most Common Mistakes When Drafting a Land Registry Application
- Buying a Property from a Developer
- Escrow of the Purchase Price When Buying Real Estate
- The difference between a cooperative apartment and a privately owned apartment
- What is an annuity?
- How to Properly Donate Real Estate
- What is the purpose of an easement?
- Drafting a Will and Settling an Estate
- What is a collation?
- What Should Be Included in a Lease Agreement
- When Can Rent Be Increased
- Termination of a lease
- Agreement to Terminate a Lease
- How to Draft a Contract for Work with a Tradesperson
- Hidden Defects and Withdrawal from a Contract for Work
- When Do You Need a Building Permit for Property Renovation?
- House Rules
- What Does a Position on an Apartment Building Committee Entail?
- Why You Shouldn’t Underestimate the Bylaws of an Apartment Building
- Common Areas in an Apartment Building
- What Is Involved in Renovating an Apartment Building?
- Can a homeowners’ association or housing cooperative go into debt?
- How to go about renovating a house or cottage
- What to Watch Out for When Dealing with a Construction “Company”?
- Building a house on a “greenfield site”
- How to Remove Land from the Agricultural Land Fund
Frequently Asked Questions
Does a will have to be drawn up by a notary?
It isn’t necessary. You can also write a will by hand or have it drawn up in the presence of witnesses. However, a notarized will is the safest option because it is registered, and there is less risk that it will be lost or that someone will dispute its authenticity.
Can I leave everything to just one child in my will?
You can include this in your will, but your other children, as mandatory heirs, may be entitled to a statutory share. If you want to completely exclude them from the inheritance, the legal grounds for disinheritance must be met.
What happens if a will is invalid?
If a will is invalid, the estate is distributed according to the statutory classes of heirs. In practice, this often results in a distribution of assets that is completely different from what the decedent intended.
Can a will be changed after it has been drawn up?
Yes. The testator may amend or revoke a will at any time, provided he or she has the legal capacity to do so. However, it is recommended that the testator expressly revoke the earlier will to avoid any future doubts as to which version is valid.
Can an heir reject only the debts and keep the assets?
No. An estate must be renounced in its entirety. You cannot choose to accept only the assets and renounce the debts. That is why it is important to determine whether the estate is over-indebted before making a decision.
