Dispute over the determination of heirs (Part 4): Dispute over unworthiness to inherit

Unworthiness to inherit is governed by § 469 of the Slovak Civil Code. A person does not inherit if they committed an intentional criminal offence against the deceased, the deceased's spouse, children or parents, or if they engaged in reprehensible conduct against the expression of the deceased's last will. Such a person may nevertheless inherit if the deceased forgave them.

What may be in dispute between the heirs?

Since a person unworthy to inherit is excluded from inheritance by operation of law, disputes may arise between the heirs over:

• whether the person alleged to be unworthy to inherit actually committed an intentional criminal offence against the deceased, the deceased's spouse, children or parents,
• whether that person engaged in reprehensible conduct against the expression of the deceased's last will (for example, against the will or the deed of disinheritance),
• whether the deceased forgave the person for that act or not.

How is the dispute resolved?

The same procedural approach applies here as in disputes over the validity of a will or disinheritance – if only a question of law is in dispute, the notary decides; if a question of fact is in dispute, the notary refers the heir whose right appears less probable to assert it by an action before the court.

Do you believe that one of the heirs is unworthy to inherit, or are you facing such an allegation yourself? We will assess your case and advise you on the next steps.

Contact us for a no-obligation consultation.