Last year, people wrote and registered a total of 23,714 wills with notaries. At the end of this year’s third quarter, there were 17,835 wills, 314 more than in the same period last year. The interest in drafting wills is thus roughly the same among people in the year-on-year comparison; therefore, the Notary Chamber of the Czech Republic expects that the total number of wills made by a notary this year will reach 24,000.
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As is traditional, every year the greatest interest in writing a will is in the period around the Monument of the Dead, the least in the summer months.
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| Number of wills drawn by a notary per year | |
| 2015 | 17 300 |
| 2016 | 19 021 |
| 2017 | 19 902 |
| 2018 | 20 702 |
| 2019 | 23 714 |
| 3Q 2020 | 17 835 |
| Source: Notary Chamber of the Czech Republic | |
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“In recent years, the number of wills written and registered by a notary has been growing. It happens that people arrange a consultation with a notary, with the proviso that they may write a will themselves, “said the President of the Notary Chamber of the Czech Republic, Radim Neubauer.
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As he further pointed out, there are no exceptions when a will will be found at home and it appeared only after many years. However, it can also be found by an heir to whom its wording does not suit, and by concealing, inheritance will take place according to the legal classes of inheritance, which is better for him.
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| Statutory succession (six inheritance classes) |
| 1st class The children and the spouse are the first to inherit the same share from the testator. If one of the descendants does not inherit, the share of the law belongs to his children. The same is true for more distant descendants. |
| 2nd class If the descendants do not inherit, the inheritance belongs to the spouse, the testator’s parents, or to all other persons who shared a common household with the testator for at least one year before death or were dependent on him for maintenance. Also in this case, all the survivors inherit the same work. However, in the case of a wife or husband, this must be the case by at least half of the estate. |
| 3rd class If neither the husband nor any of the parents inherits, the inheritance belongs equally to the testator’s siblings and again to persons living with the testator at least one year before his death. If one of the siblings does not inherit, the share goes to his children. |
| 4th class If no one from the previous class inherits, the inheritance of the testator’s grandparents will share the inheritance with each other. |
| 5th class If none of the heirs in the fourth class inherits, the great-grandparents of the testator inherit in the fifth class. One half is for the testator’s great-grandparents on his father’s side, the other on his mother’s great-grandparents. If one of the pair cannot inherit, the other eighth takes over the vacant eighth. If one whole pair cannot inherit, the share belongs to the other pair from the same side. If neither pair of one party inherits, the inheritance will be divided between the pairs of the other party. |
| 6th grade If none of the heirs of the fifth grade inherits, in the sixth grade the children of the sibling’s children (great-grandchildren and pigs) and the children of the testator’s grandparents (aunts and uncles) inherit equally. If none of the grandparents’ children can inherit, the estate falls into the hands of their children (cousins and cousins). |
| Source: Notary Chamber of the Czech Republic |
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“The division of property according to inheritance classes is what people want to avoid when they want to bequeath their property to a friend, for example. There are no exceptional cases where the descendants contradict the written will at home and argue with the deteriorating mental state of the testator at the time of drafting. Not only for such cases, a will from a notary is the greatest certainty, because thanks to its registration there is no risk of loss or omission and the will does not contain formal errors that would disqualify her from the estate proceedings. Each will written by a notary is therefore a guarantee of fulfilling the testator’s preferences, “added Neubauer.
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When drawing up a will, you can also include conditions in it, for example, you will bequeath the house to your grandson on the condition that he marry. In this case, but you must also state when he must get married, and what will happen to the house until then and to whom the house will belong if he does not get married.
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| At a glance: About the will |
| If the will is not written by one’s own hand, it is required the presence of two witnesses. However, such wills are most often – and often successfully – attacked after the death of the testator. The testator is often accused by unsuccessful potential heirs of incompetence at the time of writing the will. |
| Recently, a will has been associated with the threat of taking responsibility for the debts of the deceased. Previously, there was no danger that any inherited debts could exceed the price of the inherited property. According to the new Civil Code, this no longer applies, so it is good to ask a notary so-called in case of uncertainty. reservation of the inventory of assets. |
| The will is superior to the legal sequence of the inheritance process, but it still exists so-called indispensable heir. Thus, after the death of the testator, his descendants become. If they do not inherit their obligatory part for any reason, then their descendants become an indispensable heir. |
| The new Civil Code gave the testator the possibility of making the inheritance conditional. In the case of using this option, it is important not only to take into account the situation when the condition is not met, but also to determine who will take care of the object of inheritance until its fulfillment (and eg pay mandatory payments related to the object – compulsory car liability, property tax) . And also how long this period can be at most (eg under the condition of acquiring property after graduating from school or entering into marriage). |
| You can always choose a notary except for one case, and that is the inheritance proceedings. Due to the impartiality and objectivity of the court decision, the notary is assigned by the court according to a predetermined schedule. There are notaries among citizens throughout the Czech Republic currently available 441. |
| Source: Notary Chamber of the Czech Republic |
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