Family relationships are not necessarily ideal. No doubt many of you have encountered conflicts and discord in family relationships in your own neighborhood or even within your own family.
Would you like to distribute your property, which you have been building all your life, as you choose, differently than the law provides?
In such cases, we recommend making a last will, which can offer many advantages and greatly simplify the succession process, help prevent family disputes and ensure that your wishes are respected.
A will is one of the statutory dispositions in the event of death. It is a revocable unilateral expression of will by which the testator leaves at least a share of the estate to one or more persons in the event of the testator’s death. A bequest can also be made in the will, consisting of a unilateral legal act in the event of death, by which the testator grants, on account of the estate, a certain pecuniary advantage to someone who is not the testator’s heir (e.g.: the testator bequeaths a hunting rifle to their best friend from a hunting club).
A will takes precedence over intestate succession.
The following types of will are recognized:
– holographic will, i.e. written by the testator’s own hand;
– an allographic will, i.e. written in a hand other than the testator’s own (need for two witnesses);
– a will in the form of a notarial deed.
If the testator draws up a valid will and makes a disposition of the entire estate, there is no intestate succession, except for the so-called forced heir being entitled to payment of their compulsory share, unless they have been disinherited. If the forced heir is a minor, they are entitled to ¾ of their statutory share of the inheritance. If, on the other hand, they are of age, they are entitled to at least ¼ of their statutory share.
You need not be concerned that a will once made cannot be changed.
The testator has the right to revoke the will at any time, either by making a new will or by revoking the will, or may make another will in addition to the existing will, in respect of property newly acquired or not included in the previous will.
If you wish, your will (including a handwritten one) can be registered in the electronic Register of Legal Acts Mortis Causa maintained by the Notary Chamber of the Czech Republic.
The main advantages of a will are the following:
- simplification of the succession procedure;
- clear and specific distribution of assets not only among family members;
- expressing your last will and having control over the distribution of your property;
- the possibility of appointing an executor;
- flexibility to change your will to reflect changes in your life and relationships.
Making a will is therefore a key instrument for ensuring that your estate is distributed in accordance with your wishes after your death. In addition, it gives you peace of mind because you know that you have done everything you possibly could to protect your loved ones and ease their situation through a difficult time.
As already mentioned above, by a will, an executor can be appointed to oversee the proper execution of the will. Only the testator can appoint an executor in this capacity, and then only by a will, irrespective of the form in which the will is drawn up. Typically, the executor can also see to it that the so-called conditions in the will are met, which a given heir must fulfil in order to receive their share, e.g. to finish their studies. Impossible conditions are disregarded.
In addition to the executor, an administrator of the estate may be appointed by way of a notarial deed to administer the estate or part of it until the end of the estate proceedings and to whom the executor may give instructions which the administrator must follow (https://advokatky.cz/en/we-do-think-about-a-will-but-why-appoint-an-administrator-of-an-estate/).
If you are considering making a will, we will be happy to meet with you, propose the most appropriate solution in cooperation with you, hear your ideas and help you formulate the content of your will, and arrange for the services of a notary, if required.
Mgr. Veronika Železňáková, Attorney at law
Pajerová Sedláčková ADVOKÁTKY s.r.o.
31.01.2025