1. 6. 2026
Attorney May Be a Witness to a Will
A recent Czech Supreme Court ruling has provided clarity on succession matters concerning allographic wills which are wills in general prepared by a third party and then signed by a testator and confirmed in the presence of witnesses.
In case 24 Cdo 3041/2025 (issued on March 18, 2026), the Supreme Court found that an attorney acting for a client who shall become an heir based on such an allographic will, is not automatically disqualified from serving as a witness. The Czech Civil Code expressly defines which persons are disqualified from acting as witnesses and the lower courts in the respective case erred by extending that category by analogy to include an heir’s attorney.
The Supreme Court emphasised that an attorney does not in any respect meet the criteria of personal or economic integration into the client’s sphere. Although an attorney is required to protect the client’s interests, the attorney remains bound by independent professional responsibility and statutory confidentiality obligations and is not subject to the kind of “internal” loyalty to the client that is typical for employees. Therefore, there is no reason to automatically deny an attorney to witness an allographic will.
From a practical perspective, the ruling offers useful guidance for the preparation and execution of wills and supports greater certainty where allographic wills are put in place.
By Mgr. Bc. Jaroslava Novotná
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