Will
In addition to being able to dispose only of your own property in a will, you must not forget the so-called forced heirs. Forced heirs are children and grandchildren. You also cannot instruct an heir as to how they must deal with their inheritance. In this situation, it is best to consult a notary, who is professionally qualified to provide useful advice and can also help prepare the will itself. The notary will ensure that the will is valid and cannot be successfully challenged in future disputes.
A will may take the form of a notarial deed. Its advantages include the availability of legal advice and mandatory registration in the Notarial Central Register of Wills. This register is accessible throughout Slovakia and ensures that the will is found during the probate proceedings (the court commissioner is required to search the register). During the testator’s lifetime, no other person may inspect the will. The notary is responsible for its formal and substantive requirements.
Under a Regulation of the European Parliament and of the Council, a person may choose as the law applicable to the succession to their entire estate the law of the State whose national they are at the time of making the choice or at the time of death.
A notary also draws up other documents, in particular applications for probate of newly discovered property belonging to the deceased’s estate. In such cases, after obtaining the necessary supporting documents (death certificate, probate decision, extracts from the Commercial Register, etc.), the notary prepares a written submission for the heir or other applicant, on the basis of which the court commences proceedings concerning the newly discovered property.
