If you believe a Czech will is invalid, that you were wrongfully excluded from probate, or that assets were transferred out of the estate before death to defeat your rights, Czech law provides several mechanisms to protect you. This guide explains the available remedies and the strict deadlines you must observe.
Czech law provides multiple avenues to challenge inheritance outcomes. The appropriate route depends on when and why you are bringing the challenge.
1. CHALLENGING A WILL DURING PROBATE
If you dispute the validity of a will (závěť), you should raise the issue at the heirs' conference before the notary. The notary cannot rule on the validity of the will; if the dispute is not resolved, the notary will refer the disputing parties to the civil courts under Section 170 of the Act on Special Court Proceedings (Act No. 292/2013 Coll.).
The heir who relies on the will must then bring a declaratory action (žaloba na určení) within the period set by the notary (at least one month). If they fail to do so, the notary proceeds as if the disputed will does not exist.
GROUNDS FOR INVALIDITY OF A WILL
• Formal defects (e.g., holographic will not written entirely by hand)
• Lack of testamentary capacity (the testator was not of sound mind)
• Undue influence (the will did not reflect the testator's free will)
• Mistake, duress, or fraud
2. ACTION FOR RECOVERY OF INHERITANCE (ŽALOBA O VYDÁNÍ DĚDICTVÍ)
Under Section 189 of Act No. 292/2013 Coll. and Section 1672 of the Civil Code, a person who believes they are the rightful heir (or co-heir) and who was not included in the probate proceedings may bring an action against the person who received the estate assets. The limitation period is three years from the date the defendant acquired the inheritance, or ten years from the date of death (absolute bar).
3. ACTION AGAINST GRATUITOUS TRANSFERS (ODPOROVATELNOST)
If the deceased transferred property before death without adequate consideration in order to defeat forced heirs or creditors, the affected party may bring an action to set aside the transfer under Sections 589–599 of the Civil Code. The transfer is only voidable; the claim must be brought within two years.
4. CHALLENGING DISINHERITANCE
A forced heir who was disinherited may challenge the disinheritance by bringing an action against the heirs who benefited. The forced heir must show that the stated ground for disinheritance is either legally insufficient or factually untrue. The three-year limitation period runs from when the heir acquired the estate.
5. PRACTICAL ADVICE FOR FOREIGN CLAIMANTS
• Act quickly: Czech limitation periods (promlčecí lhůty) are strictly enforced and not suspended merely because you live abroad.
• Language: all court proceedings are in Czech. You must appoint a Czech lawyer and provide certified translations of all foreign documents.
• Evidence: gather evidence about the testator's mental state, undue influence, or your relationship with the deceased as early as possible.