Handwritten will: New Supreme Court Decision

The Czech Supreme Court has recently issued an important decision that has a significant impact on wills and inheritance matters. The ruling mainly concerns situations where a handwritten will exists and one of the heirs challenges its authenticity.

Although this may appear to be a purely legal issue at first glance, the practical consequences can be highly relevant for anyone wishing to avoid future disputes among heirs. 

What was the case about?

In the particular case, the deceased had prepared a handwritten will. One of the heirs, however, claimed that the will was not authentic. The court therefore had to determine who bears the burden of proving the authenticity of the will.

Until now, courts often assumed that the person challenging the will had to prove that it was invalid. The Supreme Court has now clarified that the situation is different. 

What did the Supreme Court decide?

According to the Supreme Court, the person relying on the handwritten will and claiming inheritance rights under it must primarily prove that the will is authentic. In other words: if someone claims inheritance rights based on a privately handwritten will and another heir disputes its authenticity, the beneficiary under the will may be required to prove that the will was genuinely written and signed by the deceased. 

In practice, this may involve:

• handwriting expert opinions,

• examination of signatures,

• assessment of the deceased’s medical condition,

• or evidence regarding the circumstances under which the will was prepared. 

Why is this important?

This decision significantly increases the importance of notarised wills.

If a will is executed before a notary:

• its legal strength is considerably higher,

• the risk of disputes is substantially reduced,

• and challenging such a will is usually far more difficult.

Privately drafted handwritten wills may lead to more disputes and complications in the future, particularly where family relationships are strained. 

What do we recommend to our clients?

From a practical perspective, this decision further confirms that in cases involving substantial assets or more complex family situations, it is advisable to:

• address inheritance matters in advance,

• carefully consider the form of the will,

• and consider executing the will in the form of a notarial deed. 

This is especially relevant for:

• second marriages,

• blended families,

• business owners,

• or situations where the testator wishes to distribute assets differently from the statutory inheritance rules. 

Proper estate planning can help prevent lengthy and costly disputes between heirs in the future.

Should you wish to discuss your situation or review an existing will or other estate planning documents, we will be happy to assist you.

By Mgr. Jana Kostěncová

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