Inheritance Law
The issue of inheritance will eventually arise in every family and in the private lives behind every business. Whether it concerns the inheritance of parents, the fate of shared property among siblings, or even the succession of a business, inheritance law regulates complex processes often fraught with tension. Our law office provides practical, transparent, and human-centred assistance in this legal environment to both individuals and business owners.
Why is it worth addressing inheritance issues in time?
The settlement of assets after death, known as the probate process, often holds unexpected surprises—especially if there is no will or if the relatives are unfamiliar with inheritance rules. Disputes frequently arise among heirs, particularly when siblings inherit property together, or when a business forms part of the estate. However, a well-planned will and the assistance of an experienced inheritance lawyer can prevent conflicts and ensure that assets are passed on according to the deceased’s intentions.
The order of inheritance – what does the law say?
According to Hungarian inheritance law, the order of succession is primarily determined by statutory inheritance if there is no valid will. The statutory order of inheritance is as follows:
- Spouse and children: The deceased’s spouse and children inherit in equal shares. Additionally, the spouse is entitled to lifelong usufruct on the jointly occupied home and the commonly used furnishings.
- Parents, siblings: If there are no descendants, the parents, then the siblings inherit.
- More distant relatives: If there are no close relatives, grandparents and collateral relatives may also inherit.
The inheritance of the spouse is a particularly sensitive issue and a frequent source of misunderstanding—many, for example, do not know that a cohabiting partner does not automatically inherit anything.
Will
The statutory order of succession can be overridden by a will—but this requires precise legal knowledge. A will can be drawn up before a notary or a lawyer; in both cases, formal validity and procedural security are ensured. Many do not realise that a flawed will—due to, for example, lack of witnesses or formal errors—may be invalid, in which case the statutory order of inheritance applies automatically.
In our practice, we help to prepare valid, unassailable wills and provide advice on how to approach matters of wealth, ownership, and responsibility.
Compulsory share
The freedom to make a will is limited by the rules on the compulsory share: close relatives (child, spouse, parent) of the deceased are legally entitled to a certain proportion of the inheritance even if they are excluded by the will. The compulsory share can be claimed in cash and is often a source of serious disputes.
As experienced inheritance lawyers, we also assist in how one can dispose of assets while respecting the compulsory share, so that the testator’s wishes are fulfilled and inheritance litigation can be avoided.
Probate process – what can an heir expect?
After death, the probate process is officially initiated. This generally takes place before a notary, who manages the inheritance procedure, identifies the heirs, examines the will, and conducts the hearing. The probate process can be straightforward, but if there are disputes or multiple successors, it may drag on for months.
Our role is to accompany the heir (or even the parties in dispute) throughout this process—preparing documents, drafting statements, representing clients in hearings, and providing legal advice during the notarial proceedings.
Inheritance of property among siblings
The most common inheritance conflict involves the inheritance of property among siblings. Joint ownership often leads to disputes over usage, sale, or valuation issues. In such cases, we help achieve solutions based on agreement or—if unavoidable—represent our clients in inheritance litigation.
Inheritance litigation
If heirs cannot reach an agreement or if the validity of the will is questioned, a court procedure may follow. Inheritance litigation is time-consuming, costly, and emotionally taxing, but often unavoidable. Our office’s aim, even in such cases, is to follow a transparent strategy while representing the client and to achieve the fastest and most favourable outcome possible.
Who do we recommend our inheritance practice to?
- Individuals who want to secure the fate of their assets and prevent family disputes by planning ahead.
- Relatives seeking legal assistance for estate settlement after a loved one’s death.
- Business owners who require strategic work and inheritance law advice in the succession or restructuring of a company.
1. What is the order of inheritance if there is no will?
According to the statutory order, the spouse and children inherit first in equal shares. The spouse also receives a usufruct right on the jointly occupied property. If there are no children, the parents, then the siblings follow in the line of succession.
2. How does the probate process work?
The probate process takes place before a notary, who is officially notified of the death, identifies the heirs and assets, and then a hearing follows where the transfer of the estate is decided. The aim of the probate process is the official settlement of succession.
3. What constitutes a valid will?
A valid will exists only if it meets the formal and substantive requirements. It can be made before a notary or a lawyer, or handwritten, but the latter carries much more risk. The invalidity of a will often leads to inheritance litigation.
4. What is the compulsory share, and who is entitled to it?
The compulsory share is the portion of the inheritance defined by law, which close relatives (child, spouse, parent) are entitled to even if the will excludes them. Usually, one-third of the inheritance is due as a compulsory share. This can be claimed in cash and enforced through litigation.
5. How does inheritance of property among siblings work?
If siblings jointly inherit a property, joint ownership is created, which they may use together or agree on its sale or buyout. Disputes often arise over use, renovation, or division of value. We help settle these, either through agreement or legal representation.
6. What are the mandatory elements of a will?
A will must include the testator’s name, signature, date, and a clear declaration concerning the fate of the assets. If not made before a notary or lawyer, the presence of two witnesses is also required. Formal errors can easily render a will invalid.
7. What happens if the will is invalid?
If the will is invalid, inheritance will proceed according to statutory rules. This often does not coincide with the deceased’s original intentions. Such cases often result in inheritance litigation, where legal representation is needed.
8. Can a cohabiting partner inherit?
By law, a cohabiting partner does not inherit, only if named in a will. If there is no will, the cohabiting partner is completely excluded from the estate. Many are unaware of this, leading to situations perceived as unjust.
9. How can inheritance litigation be prevented?
The best way is to prepare a legally precise, thoroughly considered will. It is advisable to use the help of a lawyer or notary to ensure the will is unassailable. Open communication with family members in advance is also important.
10. When should you consult an inheritance lawyer?
Not only in case of disputes, but also in the planning phase—for example, when preparing a will or clarifying inheritance intentions. An inheritance lawyer helps ensure that legal rules clearly fit family and business circumstances, thus preventing later misunderstandings and the burdens of litigation.
Our experienced team is at your disposal