Czech law protects certain relatives against complete disinheritance. Even if a valid will exists, children and remoter descendants are entitled to a mandatory share – the 'nepominutelný podíl'. This guide explains who qualifies, how the share is calculated, and when a forced heir can be validly excluded.
The concept of forced heirship (nepominutelný dědic, nepominutelný podíl) in Czech law is codified in Sections 1642–1657 of the Czech Civil Code.
WHO IS A FORCED HEIR?
Only descendants (children, grandchildren, etc.) qualify as forced heirs. A surviving spouse is not a forced heir under the Civil Code, though the spouse retains rights in the matrimonial property settlement (vypořádání společného jmění manželů) which takes priority over the inheritance.
THE MANDATORY SHARE
• Minor children are entitled to at least three-quarters (3/4) of their statutory (intestate) share.
• Adult children are entitled to at least one-quarter (1/4) of their statutory share.
If there are three children and the testator leaves the entire estate to a charity, each adult child can claim 1/4 × 1/3 = 1/12 of the net estate.
GROUNDS FOR VALID DISINHERITANCE
Under Section 1646 of the Civil Code, a testator may disinherit a descendant (reduce their forced share to zero) on one of four grounds:
1. The descendant did not provide assistance to the testator in illness, old age, or other need.
2. The descendant has shown no genuine interest in the testator.
3. The descendant has been convicted of a crime carrying a sentence of at least one year.
4. The descendant leads a persistently dissolute life.
The disinheritance must be stated in a will or a standalone declaration. The testator should also state the reason; without a stated reason the descendant may challenge the disinheritance before the notary or in court.
TRANSFER OF FORCED SHARE TO DESCENDANTS
If a forced heir predeceases the testator, their forced share passes to their own children (the testator's grandchildren). A disinheritance can also expressly extend to descendants of the disinherited person.
HOW TO CLAIM A FORCED SHARE
If the estate was distributed through probate without allocating the forced share, the forced heir must bring an action against the heir who received the property in excess. The claim is time-barred after three years from the date the heir (not the forced heir) acquired the estate.
PRACTICAL IMPLICATIONS FOR FOREIGN HEIRS
Foreign heirs who are descendants and receive less than their mandatory share under Czech law may claim the shortfall even if a will appears to exclude them entirely. This claim arises under Czech law whenever the succession is governed by Czech law under EU Succession Regulation 650/2012.