Find out when a dispute over the right of inheritance arises in inheritance proceedings, what the difference is between a complete and a partial denial of the right of inheritance, and how the notary, acting as court commissioner, proceeds in resolving it.
The course of inheritance proceedings in Slovakia is governed by the Slovak Code of Civil Non-Contentious Procedure (§ 158 et seq.). As in other areas of law, a dispute may arise between heirs in inheritance proceedings. This is known as a dispute over the right of inheritance (§§ 192 to 194 of the Slovak Code of Civil Non-Contentious Procedure).
A dispute exists where, before the inheritance is confirmed, someone claims to be an heir and at the same time denies that the right of inheritance belongs to another heir who has not renounced the inheritance. The denial may be:
Such a dispute concerns not only who ultimately receives the inheritance, but also who is entitled to participate in the inheritance proceedings at all and to influence their course.
This is the situation where the factual circumstances are not contested among the heirs, and they merely disagree on how the matter should be assessed legally. In such a case, the notary, acting as court commissioner, decides directly, by an order against which an appeal may be lodged. By this order the notary determines with whom the proceedings will continue and whose participation in the proceedings will be terminated. Termination of participation does not mean that the person's right of inheritance is extinguished; the person is merely disregarded in the further proceedings and loses the opportunity to make further filings in the proceedings (including an appeal against the final inheritance order).
If it is uncontested that a given person cannot be an heir, in practice the notary need not always issue a separate order. If, however, someone continues to claim their right of inheritance and the situation is not clear-cut, the notary must decide the dispute by order.
A particular situation arises where both parties should remain in the proceedings despite the legal question having been resolved – for example, where a will is declared invalid, but the heir whose participation was to be terminated on account of the will's invalidity is at the same time an intestate heir. In such a case, their participation in the proceedings is not terminated.
Even if the notary terminates someone's participation in the proceedings, that person may later – after the inheritance proceedings have been concluded with final effect – seek recovery of the inheritance by an action under § 485 of the Slovak Civil Code.
If the dispute is based on contested factual circumstances (for example, the authenticity of a signature on a will, or whether the conditions of a cohabiting person were met), the notary cannot decide these questions alone. The notary first attempts to reach an amicable resolution between the parties. If this fails, the notary issues an order referring the party whose inheritance right appears less probable to apply to the court with a declaratory action within a set time limit (at least one month). An appeal is also admissible against this order.
If the party concerned does not bring the action within the time limit, or if the court discontinues the proceedings or rejects the action, the law provides that the dispute is deemed decided against them. Until the dispute is resolved before the court, the inheritance proceedings themselves are stayed.
The most common disputes of this type include challenges to the validity of a will or a deed of disinheritance, or challenges to whether someone met the conditions of a cohabiting person. These are not disputes over what exactly belongs to the estate (its assets and debts) – those are resolved differently.
Are you dealing with a dispute over the right of inheritance, or unsure whether you have the position of a party in the inheritance proceedings? We will assess your situation, prepare the necessary filings and represent you before the notary and in any court proceedings.
Contact us for a no-obligation consultation.
