Inheritance law is the branch of civil law that governs the succession of the estate of a deceased person (the decedent). This area of law ensures that, upon an individual’s death, the assets, rights, and obligations in their possession are transferred to their heirs in a specific order, whether the inheritance is based on family ties or the testator’s last will and testament.
Inheritance matters are often not only legally complex but also emotionally taxing. Professional decisions made in accordance with the detailed provisions of the Civil Code (Ptk.) help prevent future family and business disputes and ensure that the estate is settled in a manner that serves the interests of all parties involved.
Many people believe that a sheet of paper and a pen are sufficient to write a will; however, Hungarian law imposes extremely strict formal and substantive requirements on written private wills. Even the slightest error can render the will invalid, meaning it will not produce the intended legal effect. Particular care must be taken when drafting a will because—unlike the vast majority of contracts between living parties—an erroneous or incomplete text can no longer be corrected once the error or omission is discovered, since by that time the testator is typically no longer alive, and is not in a position to answer questions that may arise later or to assist in correcting the error.
The involvement of an attorney ensures that the will is enforced. The attorney’s responsibilities include:
Drafting a Will in the Proper Legal Form
A precise and detailed formulation of the testator’s last will and testament
(for example, a bequest, disinheritance, or the designation of a substitute heir)
The document is filed with the National Register of Wills (VONY), thereby ensuring that it will certainly be located during the probate proceedings.
It is important to know that, in the absence of a will, the statutory order of succession applies, which does not always reflect the decedent’s actual intentions or the special circumstances that arose during their lifetime. It is a common misconception that a domestic partner inherits even in the absence of a will. This is not the case under Hungarian law; therefore, if life partners wish to inherit from one another, it is essential that they make written wills naming each other as beneficiaries.
If the decedent did not leave a will, the order of succession is determined by law, primarily in favor of the descendants and the spouse. However, even in the case of a valid will, there is a special legal concept known as the “statutory share.”
The reserved share is due to the decedent’s descendants, spouse, and parents if, in the absence of a will at the time of the opening of the succession, they would be the decedent’s statutory heirs. The extent and calculation of this share are often a source of dispute; therefore, an accurate legal interpretation is essential:
Determining the basis for the reserved share (including gifts made by the decedent during his or her lifetime),
The deadline for filing a claim regarding the claim,
The method of satisfying the statutory share.
The transfer of the estate takes place as part of a procedure conducted before a notary public. Although the presence of an attorney is not mandatory in all cases, it is strongly recommended in the following situations:
Agreement on the Division of an Estate: this occurs when the heirs wish to divide the estate not according to statutory shares, but by mutual agreement among themselves. A notary public will accept this agreement only if it is set forth in a legally precise document.
Resolving disputes over an estate: if a dispute arises among the heirs regarding the validity of the will or the inventory of the estate.
Creditor Claims: If the decedent left behind any debts, clarifying the heirs’ liability and negotiating with creditors requires significant expertise.
Decisions made in inheritance matters can shape a family’s financial situation for decades. A carefully drafted will or a professionally negotiated estate settlement not only saves money and time, but also helps preserve family harmony and ensure the stable continuation of an inherited business.
I would be happy to help you ensure that your estate is placed in the best possible hands, or to represent your interests during an inheritance process that is already underway.
