It is the order of life that everyone dies, so inheritance will stop. The question is how much we face life with this.
Many people don’t realise that the “ugliest” thing that can happen than a divorce (or a marriage breakdown) is probate. Why? Because even if someone does not have assets and the heirs do not have a good relationship, it is easy to start pointing fingers about who, when and what they received before. Or that is when previous gifts come to light…and the testator can no longer be asked.
Inheritance law in Hungary is constantly evolving, and in 2023 there will be significant changes to the rules on spousal inheritance. These new provisions may affect all couples, so it is important to be aware of the changes and their practical consequences.
There are two options:
- the legal succession or
- the disposition.
The will takes precedence over the rules of intestate succession. This means that it is primarily the testator’s testamentary disposition that determines who inherits his estate and in what order. If he does not do so, then intestate succession follows.
What has changed in succession law?
One of the biggest changes is that the legislation in force from 2023 gives an important role to the testator’s wishes in succession between spouses.
Previously, the rule was that when inheritance took place between spouses, the law provided that inheritance was to be made according to the order of succession, with one spouse sharing with close relatives, such as children. However, under the new rule, unarranged joint property is automatically accumulated between spouses and this property is further regulated at the time of inheritance.
The Civil Code says:
Ҥ 7:58 of the Civil Code [Succession of a spouse in addition to a descendant]
(1) The spouse of the testator shall be entitled, in addition to the descendant heir.
- (a) the right of usufruct until death of the dwelling and its fixtures and fittings jointly occupied with the deceased; and
- b) a child’s share of the rest of the estate.
(2) The beneficial interest may not be limited and no redemption may be claimed against the spouse.
(3) In a division agreement, the spouse may be granted a right of usufruct extending to the entire estate until death instead of the children’s share.”
Probate is one of the most complex procedures in our experience.
It is very important to think ahead. Prevention is best, but if a death has already occurred, it is advisable to consult a lawyer with experience in probate.
If you need legal advice on inheritance or spousal contract, please contact Dr. Tamás Ökrös Law Office with confidence!
