Do you want to avoid disputes between heirs? Inheritance is governed by the Civil Code, which sets out exactly what a will should look like, who is a non-negligible heir and when a descendant can be disinherited. We explain how to draw up a will correctly and when a succession agreement makes more sense.
Quick overview:
By making a valid will under the Civil Code, you can avoid disputes between heirs. A will allows you to determine who will inherit and in what proportion, but it must not shortchange non-minor heirs (children). An alternative is a contract of inheritance (max. 3/4 of the estate) or a codicil with a condition or order. The most common mistakes are made when making a will at home without checking the formalities.
Want to make sure your will is legally sound? We can advise you andarrange for it to be drawn up in cooperation with a notary.
A death in the family always brings with it great emotions. However, these do not have to end at the moment of the funeral. The next wave of emotions often comes during the succession proceedings. How long the inheritance proceedings take often depends on how well the heirs are able to reach an agreement. Quarrels and disputes over the deceased’s estate, checking whether each heir has received an equal share – this is also the reality of many families and certainly does not add anything to family relations. It is one of the reasons many people consider making a will. Other reasons may be disagreement with the distribution of an inheritance by law, or the bequest of a particular estate to particular people.
However, making a will or bequest in a will may not bring peace of mind to the family either. In our law practice, we have also experienced a rather curious situation where the testator has made several wills in succession, depending on which of the heirs was particularly popular with him. Since it was not a will drawn up and filed with a notary public, multiple wills were discovered at home and disputes arose as to which one was the true and valid one and how to deal with the estate. Even such a rare situation confirmed our opinion that making a will with a notary or attorney is the most effective way.
Inheritance is mainly governed by the Civil Code. The inheritance proceedings themselves are conducted according to the Special Court Procedures Act and wills drawn up by a notary are registered according to the Notarial Code.
Do you intend to bequeath a specific part of your estate to a specific person? Consult with us about the options for the last acquisition and we will arrange for a will to be drawn up in cooperation with a notary.
Probably every lover of books or films, especially detective novels, has come across the term will. In fact, the content of a will can often be a clue to who the murderer is. But the reality of law or notary offices is much more prosaic. In legal terms, it is actually a unilateral “will”, i.e. an instruction as to how the estate is to be disposed of.
A will does not necessarily have to be drawn up with a lawyer. You can write it in the warmth of your home and the comfort of your bed. However, you must comply with the legal requirements, as making mistakes when making a will can lead to its invalidity and problems when dealing with the estate.
A will can either be written in your own hand or it can be typed on a computer and printed out. In the latter case, however, this should be done in the presence of at least two witnesses. The witness cannot be a person who is incapable of legal action or a person who would benefit from the will.
The testator should never forget the date and signature so that there is no doubt as to the validity of the will. If the will is made in the presence of witnesses, their signature is also necessary. The biggest pitfall of a will written at home is that it may not even be known about and is either thrown away or shredded in the liquidation of the estate or, at best, it may be found retrospectively, but this may happen when the estate has long since been settled by a notary, which causes considerable complications and legal hassles.
If you are not sure whether your will meets all the legal requirements, it is advisable to have it checked by a lawyer before signing it. A single formal error can invalidate it.
How to avoid disputes, go through the succession procedure and deal with the other heirs, what to do in case of the deceased’s debts or when is it possible to renounce the inheritance? We have addressed this in our blog article on the subject.
Also for this reason, it can only be recommended to use the services of a notary or a lawyer when drawing up the document. It also eliminates the mistakes that sometimes occur when making wills, such as missing signatures or omissions of non-nominal heirs. The will also cannot be lost, as the notary keeps it in a special register.
The will can be unilaterally changed or revoked, or a new will can be made. The original will is no longer valid. However, even a will does not allow us to circumvent the law by completely excluding non-nominal heirs, i.e. our own children (only disinheritance is an exception).
Forget about will templates that can be found for free on the internet. Making a will is a very important step that needs to be taken seriously and the free will templates available are often full of mistakes. Instead, contact an experienced solicitor who knows exactly what a will needs to contain.
A will can be supplemented by a so-called codicil, which is a certain wish or condition on the part of the testator towards his heirs. However, a bequest can also exist separately – outside the will. It is one of the three types of acquisition in case of death recognised by Czech law. For example, if a wealthy elderly lady decides that one of her houses and its furnishings will be inherited by her elderly daughter, she can bequeath it to her by will. The will then stipulates that her beloved granddaughter will inherit her valuable collection of genuine crocodile skin handbags when she finishes her medical studies (but she may inadvertently end her granddaughter’s medical career, as she is vegan and does not care for any animal products).
However, a condition that would be contrary to good morals or public policy cannot be imposed by a child. Thus, it is not possible, for example, to make inheritance conditional on a prohibition to marry or remarry. It is also possible to impose an obligation on the heir by way of an order, for example, that he must mow the meadow he inherits.
Also, the addendum can be unilaterally revoked or modified.
A contract of succession can also be concluded. This is still a relatively new institution in the Czech legal system, which has only been applied since 2014. As the name suggests, the contract of inheritance is indeed a bilateral negotiation (unlike the two previous types), where the testator can contract with the heir and specify in the contract exactly what he will inherit.
Often, the heir will also pay something in return. At the same time, however, he or she can gain greater certainty that he or she will become an heir because, unlike a will or a codicil , an inheritance agreement cannot be unilaterally revoked, its modification or revocation requires the consent of both parties or a legal reason.
At the same time, it should be noted that the testator may continue to dispose of the property covered by the succession contract during his or her lifetime. It may happen that he/she eventually sells the promised house and almost nothing remains of the inheritance.
Unlike the previous two types, the contract of inheritance must always take the form of a notarial deed. It cannot be drawn up and concluded at home. Unlike a will, it also cannot be used to decide on the entire estate, but only three quarters of it. A quarter must remain vacant. However, nothing prevents the testator from making a will for this part of the estate and thus bequeathing all the property.
You can find out more about the succession contract, its rules and what must not be missing in it in the next article.
Although you have made a will, intestate succession can occur in certain circumstances. This is a situation where either the will is invalid for some reason, or you have not (knowingly or unknowingly) disposed of the entire estate. However, this is not necessarily necessary. If you want to bequeath only your house and leave other things like your car, watch and money in your account to the probate process, that is your full right.
Have you been contacted by a notary regarding the inheritance procedure, but instead of the acquired assets you expect to inherit debts? We have described how to proceed in such a situation and whether it is best to refuse the inheritance altogether in our article.
An heir apparent may be disinherited provided that at least one of the statutory grounds is present. For example, in a situation where the heir has not provided the deceased with the necessary assistance in his/her time of need or does not take a genuine interest in the deceased. People who have been convicted of a crime indicative of their depraved character or who lead a permanently disorderly life may not receive an inheritance. In such a case, the unfortunate descendant may not see anything of your estate at all.
The law gives a fairly wide margin of interpretation just in assessing the grounds for disinheritance. The courts decide these issues on a case-by-case basis depending on the particular circumstances.
It is with non-nominal heirs that most disputes arise in practice. If you want to disinherit someone or adjust shares unequally, we recommend a legal consultation beforehand.
How to disinherit an offspring? Read this in our article.
A link is not another type of last acquisition. On the contrary, one of them (typically a will) can be used for a legacy. A bequest does not divide an inheritance, but instead removes an item from the inheritance and leaves it, for example, to a person outside the circle of heirs. Such a person is in an advantageous position as he is not an heir and is therefore not subject to the provisions on the succession of debts, etc. However, no more than three quarters of the inheritance may be encumbered by the bequest. One quarter must remain unencumbered for the heirs.
the date on which it was drawn up
the testator’s signature
designation of heirs or shares
compliance with the form (handwritten/witnessed/notarized)
respect for the rights of non-nominal heirs
Do you want to be sure that your last acquisition will stand up to judicial scrutiny? Contact us – we will prepare a tailor-made solution for you.
The law on inheritance is one of the five most frequently used parts of the Civil Code. Read also about the other four.
A will is a unilateral legal act under the Civil Code by which you can determine who will inherit from you and in what proportion.You must comply with the statutory form (handwritten will or will with witnesses or notarial deed) and respect the rights of the non-nominal heirs, i.e. the descendants who are entitled to the obligatory share. A will can be amended or revoked at any time, unlike a contract of succession, which is a bilateral act, must be in the form of a notarial deed and can be made for a maximum of three quarters of the estate. A condition, time endorsement or order may be added to the will, but it must not be contrary to good morals or public policy. A bequest makes it possible to set aside a specific item for the benefit of a particular person without making him or her an heir.
The notary’s fee is governed by the notary’s tariff and usually ranges in the thousands of crowns depending on the complexity of the property.
Yes, as long as it is entirely handwritten and signed. However, it must be dated.
The notary enters it into the Register of Legal Actions in Case of Death kept by the Notary Chamber of the Czech Republic.
Yes, but only by valid disinheritance or so that the descendant is left with his obligatory share.
If it is not registered with a notary, inheritance may occur by operation of law.
Yes, a will can be revoked or replaced at any time.
Do you want to decide who inherits from you? To bequeath a specific part of your estate to a specific person? To be sure that your will is actually respected? We will write a will to suit your requirements. All within 5 days of ordering the service.
Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
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