
How to renounce an inheritance in Slovakia
How to renounce an inheritance in Slovakia
In the vast majority of cases, heirs decide to accept the inheritance from the deceased testator. This happens because, fundamentally, inheritance is associated with significant financial benefits enriching the heirs. However, this is not always the case in practice. Namely, situations arise when the testator leaves behind numerous debts. In such cases, renouncing the inheritance seems to be a more favorable solution.
The most common reason for declarations of renouncing an inheritance is indeed financial obligations that the deceased testator failed to settle during their lifetime. Making a decision regarding whether to accept or reject an inheritance must not be hasty, quite the opposite – it should be a thoroughly considered decision.
In today’s article, we will present the most important issues related to renouncing an inheritance under Slovak law. Our clients often entrust us with their inheritance matters from Slovakia, which only reinforces the belief that the lawyers at Lawyer in Europe are held in high regard when it comes to this subject matter. Foreign inheritance law is indeed one of the main areas of specialization of our law firm.
Renouncing an Inheritance in Slovakia
The issues related to inheritance in Slovakia are regulated in the local civil code, namely the Občiansky zákonník. A declaration of intent to renounce an inheritance can be made in two ways:
- orally before a court and recorded in a protocol, or
- in a written statement sent to the court.
Fundamentally, an heir rejects the inheritance independently. Nevertheless, the Slovak legislator allows the possibility of renouncing an inheritance through an authorized representative of the heir. However, it should be borne in mind that the authority to carry out this action must be clearly indicated in the power of attorney granted by the principal (the heir). Otherwise, the representative of the heir will not be entitled to make such a declaration.
The deadline for submitting a statement renouncing the inheritance is one month, counted from the day the court informs the heir about their right to submit this declaration, along with an explanation of the legal consequences of renouncing the inheritance. In justified cases (e.g., when the heir has not been effectively informed by the court about their right due to being hospitalized), the court may extend the deadline for carrying out this action upon the heir’s request.
The right to refuse accepting an inheritance does not apply to an heir who, through their factual actions, demonstrates that they do not intend to renounce the inheritance. The purpose of this provision is to avoid a situation where there would be an obvious contradiction between internal will and external manifestation.
Renouncing an Inheritance – Additional Information
Declarations of renouncing an inheritance cannot be withdrawn later, hence when considering making such a declaration, one should analyze all potential benefits and drawbacks. In such cases, utilizing the services of a professional lawyer specializing in foreign inheritance law is the safest course of action, as they will be able to thoroughly analyze the situation.
Another essential provision (§ 466 of the Slovak Civil Code) stipulates that renouncing an inheritance with reservations or under conditions, as well as renouncing an inheritance only in part, is not permissible. Such legal actions are void, and as a result, do not produce the intended legal effects.
Conversely, if the identity of the heir is unknown or their place of residence cannot be determined, and the heir has simultaneously been notified by a court decision of their appointment as an heir and does not report to the court within the designated period, such an heir is not entitled to inherit, let alone to renounce the inheritance.
Legal Services from Lawyer in Europe
Every decision carries certain consequences, and today’s article demonstrates that some of them are often irreversible. This is also the case with renouncing an inheritance, which makes it necessary to meticulously consider the decision from every possible angle. As it’s easy to overlook something, it’s worthwhile to seek help from an expert who will provide the heir with all necessary explanations.
The lawyers at Lawyer in Europe are more than willing to assist with any cross-border inheritance matter. Our lawyers are well-versed in the inheritance procedures applicable in all countries around the world, a result of years of experience backed by extensive practice.
If you need any assistance with international inheritance law, do not hesitate to contact our law firm. We will provide professional support at every stage of the case!
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