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23-May-2020 15:27 by 8 Comments

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The new Czech Civil Code will also allow the testator to enter into an inheritance agreement with the future heir (in a form of a notarial deed).Together with the new Czech Civil Code shall enter into force also a new Act on International Private and Procedural Law which replaces a concept of citizenship by a concept of habitual residence.

Basic general rule of the Regulation regarding the inheritance is that the courts of the EU member state in which the deceased had his habitual residence at the time of death shall have jurisdiction to decide on the whole inheritance.Generally, Czech courts have jurisdiction over inheritance proceedings if the deceased person was a Czech citizen at the moment of death.However, under certain circumstances Czech courts have also jurisdiction over inheritance left by a deceased foreigner if his/her property is located in the Czech Republic.According to the current Czech rules the governing law for inheritance proceedings will be the law of the state of which the deceased was a citizen (even if such proceedings take place in front of the Czech court).Question, whether a person owning assets located world-wide should have only a single will or more wills is a crucial one.If the deceased made such choice and if such chosen law is the law of an EU Member State in which the Regulation is binding, the parties concerned can make an agreement that courts of such member state shall have exclusive jurisdiction over the succession.

Contact: Monika Rutland, partner rutland ježek, law firmt: 420 226 236 600e: About rutland ježek: The rutland ježek law firm in Prague focuses mainly on business law, real estate law, litigation, finance and banking law; the firm is ready to provide adequate comprehensive consulting thus offering an alternative for clients of international law firms.Having only one will might bring a problem that sometimes foreign courts do not recognize a foreign will or part of its provisions (e.g.some kind of conditions and bequests or sometimes the Anglo-American legal concept of trusts).Nevertheless, the Czech Republic did not ratify this Convention; the same applies e.g.to the 1985 Convention on the Law Applicable to Trusts and on their Recognition.Unless you want to leave your property to a statutory succession, you should always make a will.