Inheritance law

The goal of inheritance law is to set rules for the transition of property from the deceased (i.e. after the deceased) to other people (heirs, legatees). The basis for the transfer of such property is usually the law and the resulting statutory succession (Act No. 89/2012 Coll., the Civil Code) or a will made by the testator. In addition to representing heirs in inheritance proceedings, whether there is no dispute between the heirs or an agreement is concluded in proceedings before a notary as a court commissioner, or in the case of a dispute between heirs in proceedings before civil courts that cannot be resolved by agreement, the role of an attorney in inheritance law is otherwise primarily advisory. It often happens that a certain person would like to decide on his or her property in the event of his or her death, but does not know the options for doing so and is afraid that he or she will not comply with the requirements that the law imposes on such legal actions.

Each case is different, so in these situations the attorney must carefully listen to the intentions of the testator and offer him options accordingly (whether to call an heir or to establish only a legacy in the will, whether to use an inheritance contract, under what conditions it is possible to disinherit an indispensable heir and if the conditions for disinheritance are not met, how to ensure that such an heir does not gain anything from the decedent’s property, etc.). Some people are satisfied with such a consultation and decide to draw up a will in their own hand, as soon as they have carefully considered the matter (here it is advisable to be instructed about the minimum formalities and pitfalls of such a procedure – e.g. that the will not be found), others decide after considering all the options for drawing up the will by a notary (which can only be recommended) and here the attorney can take over the communication with the notary so that the intentions of the testator are clearly understood by the notary and nothing is omitted (as opposed to a situation where the testator himself communicates with him as a layman and does not express himself completely accurately). In certain (although not so frequent) situations, the testator may ask an attorney to draw up a will in the presence of witnesses, if he has confidence in the attorney and the witnesses and if he is afraid that he would forget something himself and does not want to invite anyone else to make the will. The testator may appoint an attorney (of course in agreement with him, or someone else) as the executor of the will or administrator of the estate if he expects friction between heirs or, on the contrary, assumes that the administration of the estate would be difficult for them (e.g. the heirs reside abroad).