Refusal of inheritance in the Czech republic

Inheriting an estate often involves inheriting the deceased’s debts. Therefore, the decision regarding whether to accept or reject an inheritance should be carefully analyzed to avoid negative consequences. In each country, the issue of the heir’s liability for the deceased’s debts is shaped differently. In some countries, this liability is limited, while in others, heirs may be held liable without any limitations using their entire estate.

In today’s article, we will present the procedure for refusing an inheritance under Czech inheritance law. These issues have been extensively regulated in the Czech Civil Code, known as Občanský zákoník. When considering the refusal of inheritance from abroad, it’s advisable to consult with a professional lawyer who can conduct a comprehensive analysis of the specific inheritance case, both factually and legally.

First and foremost, it’s essential to clarify that the terms “refusal of inheritance” and “renunciation of inheritance rights” are not synonymous. Renunciation of inheritance rights refers to a situation in which an heir enters into a notarized agreement with the deceased, through which the heir declares that they do not intend to inherit the estate left by the deceased. Such a notarial agreement is made during the lifetime of the deceased.

On the other hand, the refusal of inheritance is nothing more than a unilateral declaration of will by the heir, through which they renounce the inheritance after the death of the deceased. The heir’s declaration of refusal of inheritance, therefore, has a secondary nature because, before making such a statement, the heir must first be called to inherit. Generally, the deadline for making this declaration is one month, calculated from the day the court informs the heir of their right to refuse the inheritance and the consequences of making such a statement.

The declaration of refusal of inheritance must meet all the formal requirements specified by law for a legally effective declaration of will. Such a declaration must be conscious, clear, voluntary, and understandable, as explicitly indicated in Article 1489 of the Czech Civil Code. The declaration of refusal of inheritance can be made in writing or orally before a court record; it is also possible to make the declaration through an authorized representative of the heir.

As a rule, heirs have one month to refuse the inheritance. However, the legislator introduced an exception for heirs residing abroad (outside the Czech Republic) – in their case, the deadline is three months. In a situation where an heir has passed away and did not have the opportunity to refuse the inheritance, the right to refuse the inheritance passes to their heirs.

Importantly, Czech inheritance law excludes the rejection of the inheritance conditionally, with a reservation, or in part. In such cases, the heir’s declaration is absolutely invalid and has no legal effect. It should also be noted that, under the Občanský zákoník, the declaration of refusal of inheritance is irrevocable. Therefore, an heir cannot change their decision later. Even if they decide to withdraw their refusal of inheritance, such a declaration will likely be ignored by the court.

The lawyers at Lawyer in Europe professionally provide legal services in the field of international inheritance law. Foreign legal provisions and communication in a foreign language often pose significant challenges to heirs and legatees called to inherit from abroad. Given our law firm’s years of practice and the vast experience of our lawyers, we have an extensive network of trusted lawyers from various parts of the world.

Our lawyers are well aware that inheritance is generally associated with the trauma of losing a loved one, which primarily affects their closest family. If needed, we invite you to contact our law firm. We are more than willing to provide support at every stage of the case and relieve our clients of all formalities. Utilizing the legal services offered by Lawyer in Europe is a guarantee of safety and peace of mind.