Inheritance Law in Hungary
Inheritance Law in HungaryUpdated on Monday 27th February 2023
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When someone dies, grief will not be the only thing that has to be dealt with. There is still the issue of who gets what out of the properties left by the decedent. This is called succession. Inheritance in Hungary is governed by book seven of the Civil Code. The law defines succession as the passing of the decedent’s properties, upon death, to his/her heirs. The inheritance law of Hungary provides for two types of succession. One is testacy, wherein a will is left by the decedent, and the other is intestacy, where no will is left or one is made but declared void. Our Hungarian lawyers can walk you through the different provisions of the law on succession.
Heirs under the inheritance law of Hungary
Heirs in Hungary are the persons who have a right to inherit the properties of the decedent. Legal heirs are the children of the deceased person. If they are present, they will inherit the entire estate of the deceased, in equal shares. The decedent’s surviving spouse is also an heir. In the absence or debarment of children and spouse, the parents of the deceased may inherit. Other persons who may inherit are those that are named in the will and the decedent’s creditors. Our attorneys in Hungary can help you with your claim for inheritance. Besides this, our immigration attorneys can also assist you if you are planning to move to Hungary. Please keep in mind that Hungary's immigration policy includes an agreement with some non-EU countries such as the United States, Canada, and others that allow foreign nationals to stay in Hungary for 90 days within 180 days visa-free. Get in touch with our lawyers to learn if you need a visa or not.
Testamentary succession in Hungary
Inheritance law in Hungary provides for testamentary succession wherein a person is given the freedom to dispose of his/her property through a will, which shall take effect upon death. A will must be personally made by the testator and should contain a clear intent to dispose his/her properties upon death. Wills in Hungary can either be authentic, private, or oral. Authentic wills are those that are drafted by a notary public. Private wills are those that are written entirely by the testator or one that is written by another person upon the control and supervision of the decedent. Oral wills are only allowed when the testator is not able to execute a written or authentic will. It must be made within the presence of two witnesses. Let our lawyers in Hungary assist you in drafting your will.
Intestate succession in Hungary
Another type of succession in Hungary is intestacy. Intestacy takes place when the decedent did not leave a will upon death or when there was a will but invalidated. Intestate succession in Hungary provides that the children of the deceased are to inherit the entire estate. They shall succeed in equal shares. In order to determine the exact share of each child, the entire properties of the decedent must be totaled, including any advancement given to the descendants.
Succession can be a very complicated process. Just get in contact with our law firm in Hungary. We can help you execute a will and simplify the succession process for you.