Can I disinherit my children by will?
Not entirely — your children are forced heirs. The law gives special protection to the deceased's descendants: minor children must receive as much as they would take under the law of intestacy, and adult children are entitled to at least half of their statutory share. If a will breaches that rule it is relatively invalid in the affected part, and the forced heir can claim their share in court. A descendant can be disinherited only on the statutory grounds in § 469a of the Civil Code — for instance where they failed to give needed help in illness or old age, persistently showed no genuine interest, or were convicted of an intentional crime and sentenced to at least a year. The proceedings are run by a notary acting as court commissioner.
📋 The rules
- Children are forced heirs
- Minor children: as much as they would take under the law
- Adult children: at least half of the statutory share
- A breach makes the will relatively invalid in that part
- Proceedings are run by a notary as court commissioner
🔓 Exceptions
- Disinheritance is possible only on the statutory grounds in § 469a of the Civil Code
- The proceedings start automatically once the registry office reports the death
- A forced heir must claim their share themselves, in court
⚠️ Penalties & fines
A will that bypasses the forced heirs gets you nowhere — but it does not void itself. The invalidity is relative: the will stands until the affected heir claims their share in court. So "I leave everything to my neighbour" works precisely until somebody speaks up. Disinheritance is not a free choice either: a statutory ground under § 469a must exist and must be stated in the deed — otherwise the disinheritance is invalid and the descendant inherits. The proceedings begin automatically once the registry office reports the death, are run by a notary, and heirs need not come forward themselves.
📎 Official sources
- Slov-Lex · Civil Code (succession, § 469a) →
- Chamber of Notaries of the Slovak Republic →
- Ministry of Justice of the Slovak Republic →
❓ Frequently asked
Can I leave my children out of my will entirely?
No. Children are forced heirs. Minor children must receive as much as they would take under the law of intestacy, and adult children at least half of their statutory share.
What if a will breaches that rule?
The will is relatively invalid in the affected part. The invalidity does not arise by itself, though — the forced heir must actively claim their share in court.
When can I disinherit a descendant?
Only on the statutory grounds in § 469a of the Civil Code — for example where they failed to give needed help in illness or old age, persistently showed no genuine interest, or were convicted of an intentional crime and sentenced to at least a year.
Must the ground for disinheritance be stated?
Yes. The statutory ground must be set out in the deed of disinheritance, failing which the disinheritance is invalid and the descendant inherits as though it had never been made.
How do the proceedings start?
Automatically, once the registry office reports the death and the death certificate reaches the competent court. A notary conducts them as court commissioner, so heirs need not come forward themselves.
🔎 Common searches
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- “forced heirs children slovakia”
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