Wills and Inheritance

A will ensures your assets pass to those you want to leave them to. I will help you draft a valid, clear will.

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Ing. Mgr. Tomáš Beneš, attorney

Ing. Mgr. Tomáš Beneš, attorney

Czech Bar Association reg. no. 20354 · Updated 22 July 2026

What I will do for you

Without a will, assets are inherited according to the statutory order of succession, which may not match your wishes. A will is a way to decide what happens to your assets. I will help you draft a will that is legally valid and clear.

  • Preparing a will (holographic or notarial deed)
  • Disinheriting a forced heir
  • Bequeathing specific assets to a specific person
  • Conditional testamentary capacity
  • Representation in inheritance proceedings
  • Challenging a will: defending your statutory rights

A will or an inheritance contract? How to protect your assets

The statutory order of succession often does not match the testator's wishes. A will allows you to bequeath assets to specific people, but watch out for forced heirs, that is, descendants. They are entitled to a mandatory share. An inheritance contract (concluded during the testator's lifetime before a notary) is a stronger instrument because it cannot be revoked unilaterally. A properly drafted will must meet strict formal requirements and must not contain conditions that the law does not permit. I will help you choose the right instrument and ensure it is valid and fulfills your wishes.

How drafting a will works in practice

First, in a consultation we go through what assets you have and to whom you want to leave them, and establish whether you have forced heirs (children, or their descendants) who under Section 1643 of the Civil Code are entitled to a mandatory share (at least three quarters of the statutory share for a minor, at least one quarter for an adult). Depending on the size of the estate and your wishes I will choose the right form: a holographic will (Section 1533 of the Civil Code), which you must write and sign entirely by hand, or a will signed before two witnesses (Section 1534 of the Civil Code) if you want to type the text. For more complex assets (real estate, a business share, several specific bequests) I recommend a notarial deed, which gets recorded in the Central Register of Wills so a notary will reliably find it after your death. If you want to leave a specific item to a specific person without making them an heir to the whole estate, that is handled through a bequest (Section 1594 of the Civil Code), which likewise needs to be drafted so it does not encroach on the forced heirs' mandatory share.

Typical client situations in Prague

Clients most often come to me in three situations: they want to provide for an unmarried partner who would otherwise not inherit at all, or only in a lower class of heirs, under the statutory order of succession; they own property that they want to leave to only one child, and need to work out how to settle the mandatory share of the other children; or they run a family business and want only one descendant to take over the business share, not all of them in equal parts. In all three situations it is essential to know the exact circle of forced heirs and their mandatory share before the will is drafted, otherwise you risk part of it being challengeable after your death.

Will or inheritance contract: which to choose

You can change or revoke a will at any time during your lifetime; under Section 1576 of the Civil Code a later will only revokes an earlier one to the extent they conflict. That is an advantage if your family or financial situation may change over time, say a grandchild is born or the value of your assets changes. An inheritance contract, by contrast, cannot be unilaterally revoked without the other party's consent, so it suits situations where you want to give an heir certainty that they will actually receive their share, typically when handing over a family business to a successor who has already invested their time in it long-term. An inheritance contract also cannot dispose of the whole estate; at least a quarter of it must remain free for distribution by will or by law. I am happy to advise which option fits your specific family and financial situation.

What to prepare for the consultation

Bring an overview of your assets (real estate, accounts, business shares, more valuable movable items) and a list of people who would be heirs under the statutory order, including children and any grandchildren. It also helps to have a clear idea of whom you want to favour, or to whom you want to leave a specific item. If you are also considering disinheriting one of the forced heirs, prepare a brief description of the reason; that topic is covered in detail on the separate disinheritance page.

Who will handle your case

Ing. Mgr. Tomáš Beneš, attorney

Ing. Mgr. Tomáš Beneš

Attorney registered with the Czech Bar Association, based in Prague.

Law degree from Charles University. I focus on business law, real estate and employment disputes. I handle every case personally, no assistants.

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How we will work together

1

Describe your case

Fill in a short form or send me an e-mail. A few sentences about what happened and what you need to resolve are enough.

2

Send your documents

Attach the relevant documents (contracts, correspondence, notice of termination…). I accept everything securely online.

3

We'll discuss it by phone

I will study your case and call you within 48 hours with a proposal for the specific next steps, including the price.

4

You'll receive the solution by e-mail

You will receive the contract, filing or legal analysis by e-mail. Everything is done quickly and without unnecessary meetings.

Cost of the service

from CZK 4,490

indicative price · within 48 hours

  • Tailored will
  • Notarial deed
  • Consultation
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Frequently asked questions: Wills and inheritance

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