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Civil Law

Závěť

A will: the document that overrides the statutory inheritance order — within limits Czech law sets in favour of your children.

Under Czech law

Wills are governed by § 1494–§ 1581 of the Civil Code (Act No. 89/2012 Sb.). Czech law recognises a holographic will (entirely handwritten and signed, § 1533), a witnessed will (typed, signed before two simultaneously present witnesses, § 1534), and a will by notarial deed (§ 1537) — the safest, since the notary registers it in the central Evidence právních jednání pro případ smrti, so it cannot be "lost" by a disappointed relative.

Freedom of testation has one hard limit: forced heirs (nepominutelní dědicové, § 1642–§ 1645). Minor children must receive at least three quarters of their intestate share, adult children at least one quarter. A forced heir can only be excluded by a valid disinheritance (vydědění, § 1646) on statutory grounds. Without a will, the statutory classes of § 1635–§ 1640 apply — spouse and children first, in equal shares.

A practical example

A widowed entrepreneur wants his company to pass to the daughter who works in it, with his son compensated from other assets. A notarial will paired with a clause directing the son's share to real estate does exactly that; without it, both children would inherit the business equally and the daughter would have to buy her brother out.

When you need a lawyer

Blended families, businesses, real estate abroad, or any wish that departs from equal shares among children — the forced-heir rules quietly invalidate naive wills. A lawyer also coordinates the will with the SJM settlement that happens in every married person's estate first.

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