A will valid under Czech law can be handwritten, notarised, or made before witnesses. Each form has strict requirements – a single mistake can render the will void. This article sets out the rules for each type and highlights the mistakes most commonly made by testators living abroad.
Czech law recognises three main forms of will (závěť):
1. HOLOGRAPHIC WILL (VLASTNORUČNÍ ZÁVĚŤ)
The entire text, including the date, must be written by hand by the testator personally. Typed or printed text – even signed by hand – is not valid. The signature must appear at the end of the document. No witnesses are required. This form is relatively easy to forge and difficult to authenticate abroad, but it remains the most common form used by private individuals.
2. ALLOGRAPHIC WILL (ZÁVĚŤ PSANÁ JINAK NEŽ VLASTNÍ RUKOU)
The text may be typed or written by another person, but the testator must:
• Sign the will in the presence of two simultaneous witnesses,
• Declare before both witnesses that the document is their will,
• Both witnesses must sign and include a statement that they attest the signature and declaration.
Witnesses must be legally capable adults. They cannot be persons who take any benefit under the will.
3. NOTARIAL WILL (ZÁVĚŤ VE FORMĚ NOTÁŘSKÉHO ZÁPISU)
Executed before a Czech notary. The notary drafts the document, reads it aloud, and registers it in the Central Register of Wills (Centrální evidence závětí). This form is the most secure: it cannot be lost or altered, and the probate notary will automatically discover it.
INHERITANCE AGREEMENT (DĚDICKÁ SMLOUVA)
Section 1582 of the Civil Code permits a bilateral agreement between the testator and a designated heir. It must be executed as a notarial deed and can cover at most three-quarters of the estate (the remaining quarter must be left at the testator's free disposal). It cannot be unilaterally revoked, making it more robust than a will.
COMMON PITFALLS FOR FOREIGN TESTATORS
• Dated but not in handwriting: any portion of a holographic will that is typed, printed, or written by another person invalidates the whole document.
• Wrong language: Czech law does not require that a will be in Czech. However, the probate notary must understand the content; an official translation will be needed.
• Conflict with a later will: the later will revokes all earlier wills to the extent of the conflict. Many testators do not realise that making a new Czech will does not automatically revoke a prior will in their home country – professional advice is essential.
• Forgetting forced heirs: a will that ignores the mandatory share will not be declared void but the affected descendants can recover their share from the heirs who benefited.
• Not registering the will: an unregistered notarial will or a holographic will hidden at home may simply not be found. Use the Central Register of Wills.