Find out how the notary proceeds where the heirs disagree over what belongs to the deceased's assets or debts, when the notary decides the matter directly, and when the heirs must resolve the dispute by a separate court action.
A situation similar to a dispute over the right of inheritance also arises where the assets or debts belonging to the estate are contested among the heirs. This situation is governed by § 198 of the Slovak Code of Civil Non-Contentious Procedure.
If the notary finds that a specific asset or debt is contested among the parties to the proceedings, the notary merely records this disagreement and disregards the contested asset or debt when calculating the net value of the estate. It is otherwise only where a final court decision exists on the contested facts (for example, a judgment determining that the deceased was the owner of the property, or a judgment ordering someone to pay a debt) – the notary must take such a decision into account when calculating the value of the estate.
A finding that an asset or debt is contested does not have as serious an impact as a dispute over the circle of heirs. The inclusion or non-inclusion of an asset or debt in the estate has no effect vis-à-vis third parties who are not parties to the inheritance proceedings (the exception being where a liquidation of the estate has been carried out). This means that:
Moreover, a debt that arose only after the deceased's death cannot form part of the settlement of the estate.
If the contested issue is only a question of legal assessment (that is, the facts themselves are not in dispute among the parties), the notary, acting as court commissioner, decides the matter directly. If, however, the factual circumstance itself is contested, the notary – unlike in a dispute over the right of inheritance – will not proceed under § 194 of the Slovak Code of Civil Non-Contentious Procedure and will not set a time limit for bringing an action. However, the fact that an asset or debt was not included in the estate does not prevent the heirs from asserting their right by a separate action – at any time, whether before the inheritance proceedings have ended or afterwards. Nor does an order issued by the notary prevent anyone from seeking a determination that property originally included in the estate in fact belonged to another person at the time of death.
It is not at all unusual for a dispute over the validity of a legal act of the deceased to begin before their death – for example, where the deceased, under the influence of strong medication, signs a deed of gift in favour of their carer. Most often these are disputes between the parties to the inheritance proceedings over what belongs to the estate, or disputes challenging a transfer of the deceased's property made during their lifetime.
A frequent group of disputes arising in connection with an inheritance are disputes over what actually belongs to the estate. These disputes are not resolved directly in the inheritance proceedings – as noted above, if the notary finds that a certain asset or debt is contested among the heirs, the notary merely records the disagreement and disregards it when calculating the net value of the estate.
What may be contested, for example, is whether the estate includes:
as well as other contested matters concerning other items that may form part of the estate – for example, an entitlement to unpaid wages or a claim under an insurance contract.
It follows from this list that this group of disputes essentially involves two types of actions: actions by which someone seeks a determination that a specific item or asset belongs to the assets of the estate, and actions by which someone seeks a determination that a specific debt belongs to the liabilities of the estate.
Are you dealing with a dispute over whether a specific asset or debt belongs to an estate? We will assess your situation and advise you whether a separate court action is needed.
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