Draft of will

Testamentary succession is one of the two forms of succession which Slovak legal system distinguishes. It takes priority over statutory succession, but it must fulfil several legal requirements. And if it is not in compliance with the Civil code, it is void.

In case you think about drafting a testament, and need any advice or help, do not hesitate to contact us. We will gladly answer your questions and explain the procedure, so your testament will be valid and acceptable according to effective legal acts.

Only a natural person can draft a testament. On condition that the person has unlimited legal capacity. The law also provides a possibility for a fifteen yr old person to draft a will. But it is required to do so as signed statement. The law forbids joint testament of several testators.

The testament must contain an explicit expression of the testator´s will, it must be evident that the testator´s will is to name some persons to be his/her inheritors and set the inheritance share. Unless the testator sets the shares for inheritors, the share will be the same for all. Another requirement for validity of the will is a written form. The testament must also contain the date, month and year of draft.

The law allows the testament to be hand written, or with eye-witnesses in other written form. A draft in the form of notarial protocol is also an option.

Special attention must be paid to the inheritors – infant descendants, regardless of whether legitimate or not, must inherit at least as much as is mandatory according to statutory succession. Adult descendants must inherit as least half of what would be their share according to statutory succession. In the case that the testament is violating above mentioned, it would  grounds for invalidity, if the inheritor would claim it. The above stated would not stand, if those descendants would be disinherited.

If you have decided to draft a testament, our legal office will gladly become your partner in this sensitive process.