Dispute over the determination of heirs (Part 3): Dispute over the invalidity of a disinheritance

By disinheritance, the deceased may exclude their descendants from inheriting. To be valid, it must satisfy the strict requirements of § 469a of the Slovak Civil Code. If those requirements are not met, the disinheritance is invalid and the descendant remains among the heirs despite the deceased's contrary wishes.

When is a disinheritance invalid?

A disinheritance may be invalid above all where:

• no specific statutory ground for disinheritance exists or is stated,
• the ground for disinheritance is insufficiently specified (as to place, time and substance) so as to be comprehensible and unmistakable,
• the general requirements for the validity of legal acts are not satisfied,
• the deed was drawn up by a person suffering from a mental disorder or a person whose capacity to perform this act was restricted,
• the deed does not identify the specific descendant to whom the disinheritance is to apply,
• the person disinherited is not a descendant of the deceased,
• the date of signature is missing,
• the signature is missing, or the deed was not signed by the deceased personally,
• other formal requirements for a deed of disinheritance are not observed.

How is the dispute resolved?

The procedure is similar to that in a dispute over the validity of a will. If the dispute turns solely on a legal assessment (for example, uncontested facts), the notary decides directly (§ 193 of the Slovak Code of Civil Non-Contentious Procedure). If a contested question of fact is involved (for example, whether the deed was really signed by the deceased, or whether the grounds for disinheritance were factually made out), the notary refers the heir whose inheritance right appears less probable to the court (§ 194 of the Slovak Code of Civil Non-Contentious Procedure).

The referred party must define the contested fact precisely so that the claim is admissible and enforceable – for example, by suing for a determination that the grounds for disinheritance do not exist.

If the inheritance proceedings have already been concluded with final effect, a disinherited person who contests the validity of the disinheritance may bring an action for the recovery of the inheritance (the so-called hereditas petitio) – this differs from an ordinary action for the recovery of property in that it concerns property already dealt with in the inheritance proceedings.