In the wake of the pandemic in recent years, more and more people have been reassessing their ideas for the future and prioritising securing their assets. In the following article, we present the most important rules of wills in Hungary and take a look at the inheritance laws of other countries.

According to the rules of Hungarian inheritance law, the testator makes provision for his estate in his will, in which he records the transfer of the estate to the heirs. In the absence of a will, the succession is a legal succession.

In Hungary, wills and succession matters are governed by the Civil Code (Ptk.). The Civil Code deals in detail with the drafting, validity and enforcement of wills and succession proceedings.

To be valid and enforceable, a will must be drawn up in accordance with the provisions of the Civil Code.

In exceptional cases, a will can be made orally, but the most common form is a written will, which can be a private will or a public will made before a notary.

In a will, the testator can make provision for all his or her assets or for certain assets. The testator may amend or revoke the will at any time. The testator may not only provide for the transfer of his assets, but may also impose obligations on his heirs. In all cases, wills can only be made in person, not by proxy. A handwritten will must be written out in full by the testator, dated and signed. If the document consists of several pages, each page must be numbered. If the will is not written by the testator, each page must be signed by the testator. Wills drawn up by someone else must be signed by the testator in the presence of two witnesses and must also be signed by the witnesses.

The will can be kept anywhere, but it is best to keep it in a place where heirs can easily access it. It is possible to deposit the will with a lawyer, in which case the Hungarian Bar Association will keep the will in the National Central Register of Wills.

If you wish to dispose of your assets in Hungary and in another country, you must make separate wills in accordance with the law of each country. Wills made in different countries must not conflict and the documents drawn up must be in accordance with the law of each country. If the will needs to be changed, for example because of a change in property or personal circumstances, the wills must be updated in both countries.

In Australia, the rules for making and enforcing wills are governed by the laws of each state and territory. Generally, under the majority law of Australia, a person can dispose of his or her property by will. If a person has property or interests in more than one Australian state or territory, separate wills may be made in accordance with the jurisdiction.

If you have any questions about the law of inheritance, please do not hesitate to contact us.