A will is an important document that lets us decide what happens to our property after we die. There are several ways to write a will. But where do you start? What must it contain? When is it enough to write a will at home, and when do you need a notary? We answer all the important questions in this article.
Will
It is no secret that property is a common cause of disputes in many families. If we want to prevent these disputes and freely decide what happens to our property after we are gone, we should write a valid will.
A will is a legal document that helps us settle our property matters before we die. We can freely decide who receives our property and in what proportion. Without a will, our estate will be divided according to the law. We must not forget that an inheritance includes not only real estate, belongings and cash, but also obligations and debts.
A will is a revocable expression of intent. This means that the testator can change it or revoke it completely at any time. The testator must act freely, without any pressure. They must also have full legal capacity and be able to perform legal acts. The document must be clear and easy to understand. The testator’s intention must be clear from it. During probate proceedings, the testator’s wishes must be respected as far as possible.
How to write a will?
There are several ways to write a will. By law, it must be in writing (except for a will made under relaxed formalities). The Civil Code (občanský zákoník) sets out three types of last will:
- as a private document (holographic and allographic will),
- as a notarial deed,
- a will made under relaxed formalities.
Holographic will
This type of will is written entirely by hand and signed by hand. These two conditions must always be met. The will must not contain any handwriting other than the testator’s. If a notary suspects that the handwriting differs, they may declare the last will invalid. This option is suitable if the testator wants to make the document without witnesses. There is no standard template for a will. It can take the form of a letter or a short list of property with the relevant heirs. What matters is that all legal requirements are met and that it is clear who receives what.
Allographic will
Another way to write the testator’s last will is an allographic will. The content does not have to be written by the testator’s own hand (it can be written on a computer, for example), but it must bear their handwritten signature, made in the presence of two witnesses. This option allows another person to help guide the testator’s hand when signing. The witnesses must be adults, must not be heirs and must not be close relatives of the testator. They are also bound by confidentiality and must not tell anyone what the will contains. If the circumstances of the will are ever disputed, the witnesses will be summoned to describe them.
Will made with a notary
A will made with a notary is undoubtedly the best way to write a will. Although the two previous options are free of charge, they often turn out to be invalid because they do not meet all the legal requirements. Although a last will made with a notary will cost us a good few thousand crowns, we can be sure that everything is in order. The original is kept by the notary and an electronic copy is stored in the Register of Legal Acts in Case of Death (Evidence právních jednání pro případ smrti). This means the document cannot be lost or destroyed. The notary must always make sure that the person is acting of their own free will and is not being forced by anyone else.
Using a notary is recommended if we have a large amount of property that we want to divide down to the smallest detail. It is also recommended if we want to disinherit a forced heir and want to discuss the matter with a lawyer. In some cases, a notary is explicitly required:
- the testator has limited legal capacity (but is able to express their own will),
- they are making a last will in favour of a person who cares for them in a social care or healthcare facility,
- they are over fifteen years of age but do not yet have full legal capacity,
- the testator intends to set up an endowment fund or a foundation.
Will made under relaxed formalities (privileged will)
This option is intended for people affected by extraordinary circumstances (such as a natural disaster) who cannot write a last will in the usual way. Three types are valid:
- an oral will made before three witnesses (valid for a limited period of two weeks),
- before the mayor of the municipality where the testator is currently located (valid for a limited period of three months),
- on board an aircraft or ship, or in war before a military commander (valid for a limited period of three months).
Will versus inheritance law
A will takes absolute priority over inheritance by law. It allows the testator to settle property matters according to their own wishes. It can also prevent property disputes between heirs. So if the testator writes a will before their death that meets all the legal requirements, inheritance by law will not apply.
Who can be disinherited?
Although it is an unpleasant matter, such situations do happen. However, we cannot disinherit a forced heir simply on a whim because we feel they do not behave as we would like. We do have the right to exclude an heir from their right to a compulsory share if the legal grounds are met. These include:
- the person did not help the testator when they were in need,
- they persistently lead a dissolute life,
- they do not show the interest in the testator that they should,
- the person has been convicted of a criminal offence that shows a depraved character.
Forced heirs (your own children) must be named in the will. By law, they are entitled to a compulsory share of the inheritance. If we do not want our children to inherit, we can disinherit them. However, this is a complicated process that is best handled with a lawyer or notary.
Sample will
A will must contain all the important details. We state the testator’s full name, date of birth and permanent address. We then name the heirs, including their dates of birth. If we divide the property between several heirs, we must specify the individual parts of the inheritance (for example, as percentages or by naming specific items). The testator’s signature is essential and must never be missing from the will.
Will
I, the undersigned Jana Nováková, born on 11 July 1950, residing at Příční 25, Brno, leave all my property to my son Josef Novák, born on 7 November 1970, residing at Příční 52, Brno.
If my son Josef Novák is unable to inherit for any reason, I appoint as substitute heirs his two children, between whom the property shall be divided in equal shares: Lucie Nováková, born on 20 September 2000, residing at Příční 52, Brno, and Jiří Novák, born on 29 April 2002, residing at Příční 52, Brno.
I declare that this is my last will
Jana Nováková
In Brno on 8 March 2022
A last will written at home is suitable for simple cases, like the one in our sample. For more complex cases involving a lot of property, obligations and heirs, it is better to consult an expert.
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