Drafting, safekeeping and review of the challengeability of wills, as well as representation and facilitation of claims during or in connection with the inheritance procedure.
1. Drafting, Countersigning, and Depositing of Wills
Based on legal regulations, drafting a will does not require an attorney's involvement or countersignature. However, in practice, it often happens that wills prepared without an attorney's involvement suffer from errors that make the will partially or entirely invalid. Our firm routinely drafts wills that are formally sound and meet the content requirements of our clients.
Furthermore, in the case of a will prepared by us, clients have the option to have the will, based on the commission, placed in the Archives of the Hungarian Bar Association, where it will be entered into the Central Will Registry. In this case, the will be safe from being lost or destroyed, or for a third party to hide it. The Central Registry does not in any way restrict the freedom to make a will later; the rules for creating a new will, modifying or revoking a deposited will still apply.
Did you know?
§ The most important consequence of recognizing the freedom of inheritance is that statutory inheritance can only occur if no testamentary disposition (will, inheritance contract, gift causa mortis) was made or if it did not exhaust the estate.
§ One of the most significant changes in inheritance law brought about by the new Civil Code's entry into force on March 15, 2014, is the inheritance of the spouse. Under the new regulation, if the spouse inherits alongside the deceased's descendants, they are entitled to a lifelong usufruct on the apartment shared with the deceased and the furnishings and equipment belonging to it. The new regulation excludes the right of the heirs to redeem the usufruct, even if the surviving spouse remarries. The surviving spouse, as a remainderman – in addition to the usufruct – is entitled to a child's share of the rest of the estate.
§ If the deceased has no descendants, or they cannot inherit for any reason, the surviving spouse inherits alongside the deceased's parents; they are entitled to the apartment shared with the deceased and its furnishings and equipment, as well as half of the remaining estate.
2. Contesting the Will
If there is suspicion that the will may be fake, or if for other reasons it is necessary to examine its validity or effectiveness, feel free to contact us.
If invalidity exists, we will contact the public notary conducting the probate procedure to ensure that the estate is transferred with only temporary, not final, effect to the person who qualifies as an heir based on the will in question, and concurrently, we will challenge the will in court to establish its invalidity or ineffectiveness.
Did you know?
§ The person entitled to challenge the will is the one who would inherit themselves if the invalidity or ineffectiveness is established, or who would be freed from an obligation or other burden imposed on them by the testamentary disposition. The will can be challenged within 5 years of the opening of the inheritance.
3. Drafting, Reviewing, and Countersigning of Inheritance Contracts, Gifts Causa Mortis
Our office also undertakes the drafting, reviewing, and countersigning of inheritance contracts and gifts causa mortis, and provides full advice.
Did you know?
§ Based on the Civil Code, with an inheritance contract, the deceased commits to making the contracting party their heir in exchange for the maintenance (or life annuity) provided by them. The contractual heir acquires the assets granted to them in the inheritance contract upon the death of the deceased.
§ Since in an inheritance contract the deceased most often orders the transfer of ownership of a property to the contracting party in exchange for maintenance or regular payments, in such a case – as it is a contract affecting the ownership of a property – attorney countersignature is mandatory. Without an attorney's countersignature, the prohibition of alienation and encumbrance cannot be registered in the land registry in favor of the contracting party.
4. Consulting, Representation, and Facilitation of Claims during the Inheritance Procedure
We are available to our clients for consulting on any matter related to inheritance law, throughout the inheritance procedure, and we ensure full representation during the probate procedure, the facilitation of claims, and the provision of legal solutions in inheritance disputes.
We are at your service for questions regarding the amount of inheritance tax or possible exemptions from the tax.
Did you know?
§ The obligatory share is the minimum portion of the deceased's assets due to the deceased's descendants, spouse, and parents. The person entitled to the forced share is not considered an heir and their claim, although arising upon the death of the deceased, is not against the estate but can be enforced against those who receive a share of the estate. Thus, the person entitled to the forced share can essentially be considered a creditor of the estate. Consequently, the fact that the will may violate the claim of those entitled to a forced share does not, in itself, invalidate the will.
§ An heir who has been left out (disinherited) from a will may still be entitled to a forced share. Therefore, for the person entitled to a forced share to not be able to claim a forced share in the future, the deceased must disinherit this person. Disinheritance can only be based on specific, limited grounds, so we strongly recommend consulting an attorney.
We await your inquiry
