Upcoming Amendments to Inheritance Law

The committee responsible for the reform of inheritance law is considering significant changes concerning, among other things, the management of holographic wills, the introduction of inheritance contracts, and the protection of heirs from the debts of the deceased.

1/5/20251 min read

1. Retention and Regulation of Holographic Wills

Although the complete abolition of holographic wills was initially considered, it now appears that they will be retained, with the requirement that they must be deposited with a notary at a low cost. This measure aims to reduce legal disputes arising from challenges to the authenticity of wills. Additionally, specific safeguards are expected to be introduced regarding the testator's mental capacity to ensure the validity of the will.

2. Introduction of the Inheritance Contract

4. Benefit of Inventory and Protection of Personal Assets

The committee is examining the establishment of the inheritance contract, which would allow a testator to distribute their estate to third parties beyond legal heirs, such as non-relatives or life partners, without the necessity of marriage or civil partnership. Inheritance contracts will follow strict formal requirements, similar to notarial deeds, while provisions for their revocation or amendment will be included, particularly in cases of ingratitude or changes in the testator's intentions.

3. Amendments to Forced Heirship and Inheritance Succession

One of the most significant changes concerns the expansion of the circle of forced heirs to include life partners. At the same time, an extension of the deadline for renouncing an inheritance beyond the current four-month period is under consideration, aiming to protect heirs who were unaware of the deceased’s outstanding debts.

The committee is exploring the possibility of automatic acceptance of inheritance with the benefit of inventory, ensuring that liability for the deceased’s debts is limited to the inherited estate and does not extend to the heir’s personal assets. This regulation would prevent lengthy legal proceedings, particularly in cases where heirs were unaware of the liabilities attached to the inheritance.

These amendments seek to enhance legal certainty, reduce inheritance disputes, and create a more flexible and equitable system of inheritance succession, aligned with modern social and economic conditions.