9 percent of Hungarians have made a will due to the pandemic, and 18 percent are considering making one, according to an online survey by the Hungarian National Chamber of Notaries (MOKK) that collected more than three thousand responses. There are many misconceptions about inheritance, three quarters of those surveyed did not know that spouses do not inherit anything from one another in the absence of a will. 29 percent of respondents plan to write a will at least once before their death, a quarter would make it themselves, but the majority would turn to a notary because they consider it the safest solution.
Witnesses are not always needed
Witnesses are only needed for a will if the testator does not write it in his own handwriting. Witnesses are not needed for a will written by himself, by hand, nor are they needed for a will prepared by a notary. However, more and more people (79 percent) are aware that although it is not mandatory to deposit a will with a lawyer or notary, it is worth it, because this way it will not be lost, but will certainly be found during the inheritance procedure. The fact that a will prepared by a notary or deposited with him, or in some cases a will prepared by a lawyer, is included in the National Register of Wills, from which the notary negotiating the inheritance always requests the data.
A public will prepared by a notary has stronger evidentiary value, so it is more difficult to challenge it than private wills. However, 8 percent of those surveyed are under the misconception that a will can only be challenged in the absence of inheritance procedure.
Those who would be legal heirs, even if the testator excludes them from the inheritance, will be entitled to the obligatory share despite the exclusion.
Life partners are not each other’s legal heirs
The most serious misunderstanding is related to the inheritance of life partners. About three-quarters of Hungarians (68 percent) do not know that life partners are not each other’s legal heirs. A typical misconception in this regard is that having a child together or living together for a longer period of ten to fifteen years would entitle them to inheritance. In fact, life partners can only inherit one after the other if they make a will in each other’s favor.
The majority is satisfied with the legal inheritance order
Due to the global pandemic, many people have considered making a will. 9 percent of respondents have already made one, while 18 percent have thought about it but have not yet done so. However, the majority (61 percent) believe that their heirs should inherit in the order prescribed by law if something happens to them due to the pandemic. 12 percent of respondents did not consider the pandemic a risk factor, and therefore did not even think about making a will.
The overall picture of wills is similar, but shows improving rates. 14 percent of respondents already have a will, 29 percent plan to make one, but the majority of respondents feel that they do not need one. 10 percent do so because they only have one heir or no assets to distribute, and 37 percent would like their estate to be inherited according to the statutory inheritance system.
According to the survey, the majority (51 percent) of those who would like to make a will would contact a notary and have a public will drawn up, a quarter would have their will drawn up by a lawyer, and only 24 percent of respondents would be able to prepare it themselves.