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Contesting a Will in Slovakia

Contesting a Will in Slovakia

Wills represent legal documents containing instructions regarding the use of money and property after one`s death. The Civil Law in Slovakia acknowledges three forms of wills:

•    The authentic – drawn by a notary;
•    The holographic will – written, dated and signed by the testator himself;
•    The allograph will – drafted by a third party and signed by the testator and two witnesses.

The civil legislation in Slovakia allows the contestation of wills in specific situations and conditions. The legal grounds for contesting a will in Slovakia are stipulated within the legal framework. Our attorneys in Slovakia can give you extensive details on the matter.

Legal grounds for contesting a will in Slovakia

In order to contest a will in Slovakia, there has to be significant legal grounds for doing so. The Slovak inheritance legislation distinguishes four situations when contesting a will is possible. These are:

•    The will was not signed by the testator in accordance with the applicable laws;

•    The testator lacked testamentary capacity to sign a will;

•    The testator was influenced into signing a will;

•    The will was written and registered by fraud.

Extensive information about the legal grounds for contesting a will can be offered to you by our law firm in Slovakia.  

How to contest a will in Slovakia?

Contesting a will in Slovakia can be done under specific conditions and with legal representation from a Slovak law firm. These include the standing to contest a will (an interested heir or a party mentioned in the will), filing the contestation in the limited amount of time given by the law and having enough legal grounds for contesting it. Please note that contesting a will in Slovakia can be a lengthy process. Several conditions have to be met in order to contest a will in court:

•    Determine who has the standing to contest a will – only a person and a legal entity that is personally affected by the result of the law suit has the standing to contest a will;
•    File the contestation in time – the time limit for filling a will contestation is determined in the Slovak civil law;
•   Determine if there are legal grounds to contest the will –  you have to find yourself in one or several of the above mentioned conditions. Nevertheless, proving these grounds is very difficult so make sure to gather proper evidence to support your case in court.

If you needlegal representation for contesting a will, we invite you to contact our team of solicitors in Slovakia.