Revocation of a will

Question

Greetings,

Approximately 15 years ago, I executed a will before a notary, in which I bequeathed my apartment to my friends. In the meantime, however, I got married and had children. Do I need to revoke the will in order to ensure that my minor children do not lose the apartment, or is such a will automatically revoked by the change in my status to that of a mother and a wife?

Answer:

Good day,

As a general rule, your children are considered compulsory heirs. This means that they must receive at least their statutory share of the inheritance – adult descendants are entitled to at least half of their statutory share, and minor descendants are entitled to their full statutory share. If they do not receive this portion, pursuant to Section 479 in conjunction with Section 40a of the Civil Code, the will becomes relatively invalid in this part. Therefore, your children would have to assert the invalidity of this part of the will; otherwise, the will would be regarded as valid.

A change in your status does not automatically revoke the will. A will that has been executed may be revoked by means of a revocation made in the form required for the execution of a will, by destroying the document on which the will was written, or by executing a newer will. As a general rule, a newer will revokes an older one; however, in such a case, it must be assessed whether both wills can coexist, and it must be clear that in the newer will you dispose of your property differently.

The simplest method will be to execute a new will. More detailed information on the types of wills, as well as the mandatory requirements of a will, can be found on our website:

akmv.sk/en/testament-and-testamentary-succession-in-slovakia/

In case of any questions, do not hesitate to contact us at the email address recepcia@akmv.sk or by phone at +421 915 046 749.