Disinheritance
I advise on the statutory grounds for disinheritance, draft a valid declaration, and prepare the defense of a disinherited heir.
Free consultation →What I will do for you
Disinheritance is one of the most sensitive decisions a family can make, and the law allows it only for precisely defined reasons. I will help you draft a valid declaration, or, conversely, defend you if you are the one who was disinherited.
- ✓Assessing whether a statutory ground for disinheritance is met
- ✓Drafting a valid declaration of disinheritance
- ✓Disinheriting a descendant who is in debt or a spendthrift, in favor of the grandchildren
- ✓Defense if you were wrongfully disinherited
- ✓Asserting your claim to the compulsory share
- ✓Representation in a dispute over the validity of a disinheritance
The statutory grounds for disinheritance
A forced heir can only be disinherited for reasons expressly stated by law: failing to provide the deceased with necessary help in illness, old age or another serious situation, persistently failing to show genuine interest in the deceased that they should have shown, or being convicted of a crime committed in circumstances demonstrating a depraved character. An heir who is legally incapable of inheriting can also be disinherited. A special ground is the disinheritance of a descendant who is in debt or a spendthrift, in that case, however, the deceased can only leave that descendant's compulsory share to that descendant's own children, otherwise the disinheritance would not be effective.
The form of disinheritance and the compulsory share of a forced heir
- ✓A declaration of disinheritance must take the same form as a will
- ✓A forced descendant: if of age, entitled to 1/4, if a minor, to 3/4 of the statutory share
- ✓An invalid or formally defective disinheritance gives rise to a right to the compulsory share
How to defend against wrongful disinheritance
A declaration of disinheritance can be made, changed or revoked only in the same way as a will, that is, in the testator's own hand, with the signatures of two witnesses, or as a notarial deed. The forced heirs are the children of the deceased, and, if they do not inherit, their descendants; an adult descendant is entitled to a compulsory share of at least one quarter, and a minor to at least three quarters, of what they would receive under intestate succession. If the disinheritance does not meet the statutory ground or form, the disinherited person is entitled to the compulsory share. If facts are disputed between the heirs, the notary will direct you to challenge the validity of the disinheritance through a lawsuit in court, and I will represent you in that dispute.
Price of the service
The price depends on the scope, that is, whether it involves assessing the grounds and drafting a declaration of disinheritance, or defending a disinherited descendant in a dispute. I will confirm the exact price in advance and in writing after the first consultation, once I know your situation.
from CZK 4,990
indicative price
- ✓Assessment of the statutory grounds for disinheritance
- ✓Drafting a valid declaration of disinheritance
- ✓Defending a wrongfully disinherited descendant
Who will handle your case
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.
More about me →How we will work together
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.
Send your documents
Attach the relevant documents (contracts, correspondence, notice of termination…). I accept everything securely online.
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.
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.
Need advice?
Describe your case. You will get a concrete answer within 48 hours, completely free of charge.
Free consultation →