Postponement of the succession: what if a new estate appears?

What is a supplementary succession hearing and when to use it?

If you have been involved in the succession proceedings and after the succession proceedings have been completed it turns out that there are other assets that have not been taken into account, you have the possibility to request a supplementary succession hearing. This situation may arise, for example, when a bank account, property, debt or other asset or liability is discovered that was not originally known about. This is not an exceptional case and the law does take such situations into account.

In such a case, the notary will reopen the succession proceedings that have already been formally closed. In this way, new assets or debts that have arisen in the meantime can be included in the succession. Not only you, as heir, but also another person who has become aware of the existence of new assets or debts can initiate a further hearing. The law theoretically allows for a supplementary hearing even after years, but it is always better to act as soon as possible. This will help to avoid unnecessary complications or disputes with other heirs.

How do I apply for a supplementary succession hearing?

If you have discovered after the conclusion of the succession proceedings that there are assets or debts that were not included, the first step is to file an application for a supplementary hearing of the succession. This application is made to the notary who conducted the original succession proceedings. As already mentioned, not only the heir but also another person who is related to the newly discovered property or debt can file the application.

It is important to clearly state in the application what has been newly discovered – whether it is real estate, funds, debt or other assets or liabilities. Also attach as many relevant documents as possible to prove the existence of the property, such as a land registry extract, bank statements or contracts. This will help speed up the process and ensure that the notary has the necessary information to proceed.

The application should be submitted as soon as possible. On the basis of this, the notary will initiate an additional hearing and then decide on the inclusion of the newly discovered property in the inheritance. This process should be relatively quick if you have all the supporting documents ready.

Effect of new assets on the outcome of succession proceedings

When new assets or debts are discovered after the end of the succession proceedings, this can significantly affect the initial distribution of the inheritance.

In some cases, heirs who have already accepted the inheritance may have to return part of the property or share the newly discovered property. At the same time, some heirs may have to assume a larger part of the newly discovered debts if this is in accordance with the original terms of the succession. Each case is individual, so it is a good idea to consult a notary or attorney about your specific situation to advise you on how to proceed.

Statute of limitations in the context of a supplementary succession hearing

The statute of limitations is an important aspect that can affect whether a new asset or debt will be taken into account in the supplementary hearing of the succession. On the one hand, the law allows for the opening of a supplementary hearing at virtually any time, but at the same time some claims may be time-barred.

In the case of property, the statute of limitations generally does not apply, which means that newly discovered property may be included in the succession even after many years. For debts, on the other hand, there is a general limitation period, which is usually three years. Therefore, if the creditor does not assert his claim within this period, it may be time-barred and the heirs will not be liable for the debt.

It is important to be aware that the statute of limitations does not automatically apply to all debts and each case must be assessed individually. If new debts arise that may affect your inheritance rights, it is advisable to consult a lawyer to determine whether the statute of limitations applies.

What to do if you were omitted from the original succession proceedings?

However, after the inheritance proceedings have been completed and the inheritance has been distributed, another situation may arise in which it is not the estate that is omitted, but one of the heirs directly. Such a situation can occur, for example, if you were not informed about the proceedings or if the notary or other heirs have not taken you into account for some reason. In such a case, you have the possibility to ask for redress.

Let’s imagine a hypothetical situation where a testator who was once married and has no contact with his former wife and daughter has died. His two children from the current marriage did not acknowledge the daughter from the first marriage and the notary himself did not verify this fact in the population register. The daughter learned of her father’s death by chance ten months after his death. In the meantime, the inheritance proceedings had already taken place and nothing had been granted to the daughter. However, she has the possibility of bringing a so-called action by the heir entitled to inherit or, alternatively, an action for the release of assets from the estate. She has a period of three years from the end of the succession proceedings to do so.

The first step is to contact the notary who conducted the original succession proceedings and inform him of your claim. It is important to provide evidence that you should have been an heir as soon as possible – for example, a birth certificate, will or other relevant documents that confirm your relationship to the deceased.

If it is confirmed that you have been wrongfully omitted, the notary may initiate the process of a supplementary hearing where your right of inheritance will be duly taken into account. Again, it is important to act quickly to avoid statute of limitations or other legal complications. In some cases, other heirs may have to return part of the inheritance or share the newly discovered property with you.

Example from law practice

Inheritance proceedings are typically the domain of notaries and not attorneys, however, in the course of our legal practice we also encounter many cases in this area. This is how we also learned about Mr. Tomas’ situation. Mr Tomáš and his sister Eva inherited the family home and savings in a bank account after their mother’s death. The mother, who was retired, had no debts and the children therefore considered the inheritance proceedings closed and divided the property. Mr. Tomas kept the house, which we later helped him sell, while Mrs. Eva received a similar amount of funds from the bank.

Less than a year later, an envelope from abroad was delivered to my mother’s original address. It turned out that my mother had once made an investment in a foreign fund. Mrs Eva remembered that she had mentioned it once, but did not know the details. Meanwhile, the fund had made quite a profit. Both siblings therefore contacted the notary who had handled the original succession proceedings and he confirmed that they were entitled to an additional hearing. The notary initiated a new procedure in which the foreign investment became part of the inheritance. The property was of relatively high value and was divided equally between the two children.

Summary

A supplementary hearing of an inheritance occurs in situations where, after the legal validity of the original inheritance proceedings, new assets are discovered which did not belong to the inheritance or were omitted. Such proceedings are often necessary in order to resolve the property relations or obligations of the heirs. It is important for the heirs to prepare for any agreement on the succession or possible further disputes. In view of the legal and practical aspects of the post-conviction proceedings, it is advisable to contact a specialist to ensure that the whole process runs smoothly.