Why Is a Will Important? – What Every Testator Should Know

Why Is a Will Important? The Majority of Hungarians Still Have Not Made a Will

According to the latest survey by the Hungarian Chamber of Civil Law Notaries, despite the pandemic, only 9% of the Hungarian population has a valid will, while 18% are planning to prepare one. Inheritance and probate matters remain unfamiliar territory for many, even though a carefully prepared will can prevent significant family and legal disputes.

Why Make a Will?

A will ensures that your assets are distributed according to your final wishes after your death. This is especially important:

  • for couples in a domestic partnership,
  • in blended families,
  • if you wish to deviate from the rules of statutory inheritance.

Myth: A Life Partner Inherits Automatically

According to the survey, 68% of respondents wrongly believe that life partners automatically inherit from one another, especially if they have a child together or have lived together for a long time. In reality, life partners can only inherit based on a valid will.

Mandatory Share – Not Everyone Can Be Disinherited

Despite having a will, certain individuals cannot be entirely excluded from inheritance. The institution of the “mandatory share” provides protection to the closest relatives (such as children or spouses), who are entitled to a share of the inheritance even if they are not mentioned in the will.

How Can a Will Be Prepared?

There are several ways to prepare a will:

  1. Holographic (Handwritten) Will
  • Must be entirely handwritten.
  • No witnesses required.
  • Risk: Easily invalidated due to formal errors.
  1. Typewritten Private Will with Witnesses
  • Requires signatures from two witnesses.
  • Valid if all formal requirements are met.
  1. Notarial Will
  • Stronger evidentiary value.
  • Difficult to contest.
  • Automatically registered in the National Registry of Wills.
  1. Will Drafted by a Lawyer
  • Legal expertise is guaranteed.
  • Can also be deposited.
  • Ensures compliance with legal requirements.

👉 Our services: Will Preparation with a Lawyer

Probate Procedure and the Accessibility of the Will

Many people do not realize that depositing a will is not mandatory—but it is highly recommended. This ensures that the will is found during the probate process. A will deposited with a notary or lawyer is entered into a registry from which the acting notary can automatically retrieve the relevant information.

Who Should Especially Consider Making a Will?

  • Life partners who wish for their partner to inherit.
  • Individuals with multiple heirs who want to regulate the distribution in advance.
  • Entrepreneurs who wish to leave behind business assets.
  • Elderly individuals or those with health risks.

Trust a Professional – Legal Support for Will Preparation

Our law firm offers extensive experience in helping clients prepare and deposit wills and prevent inheritance disputes. Through personalized legal advice, we ensure your last will and testament carries full legal force.

Dr. Katona Géza, LL.M. ügyvéd (Rechtsanwalt / attorney at law)

___________________________________

Katona és Társai Ügyvédi Társulás 

(Katona & Partner Rechtsanwaltssozietät / Attorneys’ Association) 

H-106 Budapest, Tündérfürt utca 4. 

Tel.: +36 1 225 25 30

Mobil: + 36 70 344 0388

Fax: +36 1 700 27 57

g.katona@katonalaw.com

www.katonalaw.com

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