Open Path to Redress A Landmark Decision for Foreign Heirs

Recently, the Supreme Court addressed a key question: what protection does a legitimate heir have against an illegitimate heir? The decision has extraordinary significance – particularly for foreign heirs, who often do not even know that they own property or hold inheritance rights in the Czech Republic.

Why is the decision so important?

The Czech Civil Code of 2014 abolished the traditional action for recovery of inheritance (so-called hereditas petitio). This raises the question of how a rightful heir could defend themselve if the court in probate proceedings failed to acknowledge their inheritance. The Supreme Court has now confirmed that a legitimate heir enjoys the same protection as an owner.

This means that an heir whose rights were not recognized in the probate proceedings may at any time turn to the court and claim the inheritance – even against the person to whom the inheritance was already confirmed by the court.

Strong position of the rightful heir

• Inheritance rights do not become time-barred – nor does the right to claim assets or monetary compensation.

• A legitimate heir may enforce their rights even after many years, for example if they only later discover that they were entitled to inherit property in the Czech Republic.

• The claim applies not only against the “illegitimate” heir but also against anyone who unlawfully retains assets from the estate.

Practical significance for foreign heirs

Foreign heirs often find themselves in situations where:

• they are unaware that they acquired inheritance rights in the Czech Republic (for example, after a relative they have not been in touch with for years),

• they discover the existence of property only after a considerable delay,

• or they learn of the estate only when the inheritance proceedings in the Czech Republic have already been completed and confirmed in favor of another person.

Thanks to the Supreme Court’s interpretation, such legitimate heirs now have an open path to redress. The decision confirming inheritance is not “final” in the sense of closing the door forever – the rightful heir may still seek protection afterwards.

Restrictions and limitations

Of course, there are limitations. The claims of a legitimate heir may fail if the property has been acquired by usucaption (prescription), or if it was transferred to a third party who purchased it in good faith from the illegitimate heir. Yet this is a natural element of legal certainty. For most practical situations – particularly in relation to real estate or bank accounts – the ruling provides significant room for heirs to enforce their rights retrospectively.

Conclusion

The Supreme Court’s decision sends a clear message: inheritance rights have the force of ownership rights and can be enforced even after a long lapse of time. For foreign heirs, who may be unaware of assets in the Czech Republic, this is a major benefit. It means that even years later, they can still claim their inheritance share – either by obtaining the property itself or at least by receiving appropriate financial compensation.

By Mgr. Jana Kostěncová

Download

Author