Inheritance Law (Czech Republic)
The Czech inheritance law is the part of the Czech national law, which deals with the transfer of a person (assets testator is concerned) at their death to one or more other persons. The substantive Czech inheritance law is essentially regulated in the Czech Civil Code of 2012 (Act No. 89/2012 Coll.), Which replaced the previous Civil Code of 1964 (Act No. 40/1964 Coll.). As part of this major civil law reform, there were major changes in Czech inheritance law with the aim of strengthening the private autonomy of the testator. For example, the inheritance contract was re-incorporated into the Czech Civil Code and the right to a compulsory portion was reduced to 1/4 of the statutory portion of the inheritance under certain conditions. Today the substantive Czech inheritance law is regulated in §§ 1475 to 1720 of the new Czech Civil Code of 2012 (Act No. 89/2012 Coll.).
Dispositions of death
Czech law recognizes three types of dispositions due to death: the will, the inheritance contract and other testamentary dispositions (so-called codicil). According to Czech law, the creation of a will does not necessarily have to be done by hand or in a notarial form, provided that witnesses were involved in the creation in the form provided by law. Legacy was reintroduced in Czech law. The legacy establishes a contractual right to a specific object against the heir or legatee who has been burdened with a legacy.
Legal succession
If there is no will or if the estate was not fully disposed of by will, legal succession occurs. Under certain circumstances, Czech law also includes a statutory right of inheritance for persons who, prior to the occurrence of the inheritance, kept a household with the deceased for at least one year. Under certain circumstances, the life partner may also have a right to inheritance, even if there was no marriage.
Probate proceedings
In the Czech Republic, the court is responsible for probate proceedings. The procedure itself is carried out by a notary acting on behalf of the court.
Web links
Detailed information on Czech inheritance law in German
Current Czech Civil Code from 2012 (translation into German)
Individual evidence
- ↑ German Civil Code of 2012 - translation into German. Ministry of Justice of the Czech Republic, accessed October 31, 2017 .
- ^ Civil Code of 1964. In: business.center.cz. Retrieved March 6, 2018 (cz).
- ↑ Hartmanová, Hedvika / Steininger, Vojtěch / Sommerfeld, Jan: inheritance law in the Czech Republic - basic information. Retrieved October 31, 2017 .
- ↑ Hartmanová, Hedvika / Steininger, Vojtěch / Sommerfeld, Jan: inheritance law in the Czech Republic - dispositions of property upon death. Retrieved October 31, 2017 .
- ↑ Hartmanová, Hedvika / Steininger, Vojtěch / Sommerfeld, Jan: inheritance law in the Czech Republic - The legal succession. Retrieved October 31, 2017 .
- ↑ Hartmanová, Hedvika / Steininger, Vojtěch / Sommerfeld, Jan: inheritance law in the Czech Republic - The probate proceedings. Retrieved October 31, 2017 .
