In cross-border inheritance matters, an important question arises first: The inheritance law of which country applies?

In principle, this is the law of the country in which the testator had his or her last residence. However, it is possible to make a choice of law in a will, e.g. to stipulate that your preferred jurisdiction instead of Czech or Slovak inheritance law applies. However, in any case, Czech or Slovakian courts would initially have jurisdiction. 

For this reason, when planning or settling an international estate with reference to the Czech Republic or Slovakia, it is advisable to call on the expertise of an experienced inheritance lawyer. 

Do you have questions about which inheritance law would apply?
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In the Czech Republic and Slovakia, statutory succession applies, if there is no will or inheritance agreement.

Statutory succession in both countries is similar to the regulations in other countries: in principle, descendants and the spouse of the deceased person inherit.

If the statutory succession does not meet your expectations, it is possible to make arrangements in a will or inheritance agreement that correspond exactly to your "last will", especially with regard to your spouse.

It is possible in a testamentary disposition to

• make provisions regarding the applicable law

• exclude individual persons from succession (disinheritance) or limit their share,

• award certain assets from the estate to a specific person 

• grant rights to a certain person, such as residential rights, beneficial use  of real estate, etc.

If you wish to structure your estate in the Czech Republic or Slovakia, we will examine the legal situation, carefully prepare the estate structure, and draft your will or inheritance agreement. All in accordance with Czech or Slovak inheritance law in a legally secure manner in line with your wishes.

Are you looking for a lawyer to handle your estate with reference to the Czech Republic or Slovakia?
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Estate planning is a particular challenge for entrepreneurs with a company or shares in a company in the Czech Republic or Slovakia.

We support entrepreneurs with our expertise in inheritance law, corporate law and M&A, when it comes to structuring the transfer of companies during their lifetime. This primarily concerns the development of legal and tax structures to ensure a smooth transition to the next generation.

On the other hand, we take care of the legal structuring in connection with the inheritance of companies or company shares in cross-border situations. We first clarify the legal situation (statutory law, articles of association, etc.) and then take care of the appropriate inheritance regulations for the company or company shares. If adjustments to the articles of association are necessary (continuation, etc.), we as experts in both inheritance law and corporate law will also take care of this. 

Are you an entrepreneur and have questions about company succession in the Czech Republic or Slovakia? Feel free to contact us!

In addition to the emotional burden, an inheritance abroad presents a specific challenge: the inheritance law of another country applies, procedures differ and, ultimately, the language barrier causes complications.

If you are dealing with an inheritance in the Czech Republic or Slovakia we will be happy to assist you. We will advise you on the legal situation, your rights and options and represent you before courts, notaries and authorities.

Our services in connection with the settlement of an estate include

• assistance in inheritance proceedings before a Czech or Slovak notary and in court,

• clarification of the legal situation, i.e., review of a will including the choice of law and the claims of heirs,

• support in contact with banks, insurance companies and authorities (e.g. the "land registry office") etc. in the Czech Republic, Slovakia and other countries within and outside the EU,

• determination of the estate at home and abroad,

• support in the collection of the estate, estate administration,

• clarification of legal issues in the event of disinheritance,

• enforcement of legacies and/or claims to compulsory portions and

• settlement of the community of heirs.

Do you need the support of a lawyer in the Czech Republic or Slovakia in connection with an estate?
Feel free to contact us!