Validity Requirements for Wills in Hungary: A Complete Guide

Introduction

A valid will is the cornerstone of effective estate planning. In Hungary, the law of succession is governed by Act V of 2013 on the Civil Code (Polgári Törvénykönyv, “Ptk.”), specifically Book 7 (Öröklési Jog). The Civil Code recognises multiple forms of testamentary disposition, each subject to strict formal requirements. Failure to comply with these requirements renders the will void, and the estate is then distributed according to the rules of intestate succession — which may not reflect the deceased’s wishes.

This article provides a complete guide to the validity requirements for wills under Hungarian law, examines the different permissible forms of wills, explains the concept of the forced share (köteles rész), and discusses the grounds for disinheritance.

Who May Make a Will?

Testamentary Capacity (Végrendelkezési Képesség)

Under Ptk. § 7:12, any natural person who has reached the age of 18 and has legal capacity (cselekvőképesség) may make a will. Minors above the age of 14 may make a will in the form of a notarial deed only, and persons under limited guardianship (korlátozott cselekvőképesség) may also make a will by notarial deed, provided they understand the significance of the act.

A will made by a person who lacked testamentary capacity at the time of its execution is void (semmis). Challenges to testamentary capacity frequently turn on medical evidence regarding the testator’s mental state.

Freedom of Testation

Hungarian law recognises a broad freedom of testation. The testator may dispose of their entire estate as they see fit, subject only to the constraints imposed by the rules on the forced share and certain mandatory provisions.

Forms of Wills

1. Holographic Will (Saját Kezűleg Írt Végrendelet)

The holographic will is the simplest and most common form of will in Hungary. Under Ptk. § 7:17, a holographic will must be:

• Entirely handwritten by the testator — typed or printed wills do not qualify as holographic wills
• Dated with the year, month, and day of execution
• Signed by the testator

The will must clearly identify the testator and express a testamentary intent. No witnesses are required for a holographic will, making it the most accessible form of testamentary disposition. However, the absence of witnesses can create challenges in probate if the authenticity of the handwriting is disputed.

Practical tip: While the law does not require page numbering, it is strongly advisable to number each page and to sign or initial each page to prevent allegations that pages have been inserted or removed.

2. Allographic Will (Más Által Írt Végrendelet)

An allographic will is a will that is not written in the testator’s own hand — for example, a typed will. Under Ptk. § 7:18, the formal requirements for an allographic will are more stringent:

• The will must be signed by the testator on each page
• The testator must declare before two witnesses present simultaneously that the document contains their last will
• Both witnesses must sign the will and indicate their witness capacity (tanúi minőség)
• Witnesses must be of legal age and possess legal capacity

Importantly, a person who is a beneficiary under the will, or a close relative of a beneficiary, may not serve as a witness (Ptk. § 7:19). A disposition in favour of a witness or their close relative is void, though this does not invalidate the remainder of the will.

3. Notarial Will (Közvégrendelet)

A notarial will is executed as a notarial deed (közokirat) before a public notary (közjegyző). Under Ptk. § 7:21, this form offers the highest degree of legal certainty:

• The notary verifies the testator’s identity and testamentary capacity
• The will is recorded in the notarial register and stored by the notary
• The notarial deed is a public document with full evidentiary force

Notarial wills are mandatory for minors over 14 and persons under limited guardianship. For other testators, a notarial will is optional but is strongly recommended for complex estates, estates involving real property, or situations where there is a risk of future disputes.

4. Oral Will (Szóbeli Végrendelet)

Hungarian law provides for the exceptional possibility of an oral will under Ptk. § 7:22, but only in situations where the testator is in imminent danger of death or is otherwise unable to make a written or notarial will due to extraordinary circumstances.

An oral will must be:

• Declared before two witnesses present simultaneously
• Capable of being recounted by the witnesses

An oral will is inherently temporary: it loses effect if three months pass after the cessation of the circumstances that prevented the testator from making a written will and the testator is still alive. Given its exceptional nature and the difficulties of proof, oral wills are extremely rare and should not be relied upon as a primary estate planning tool.

Content Requirements

Testamentary Intent

The document must clearly express the testator’s intention that it should constitute their last will and testament. While the use of specific legal terminology is not required, the content must unambiguously indicate a testamentary purpose. Documents that are ambiguous in this regard may be interpreted by the court, but ambiguity creates risk.

Identification of Beneficiaries

The will should clearly identify the beneficiaries, either by name or by a description that makes their identity unambiguous (e.g., “my eldest daughter”). Where the identification is ambiguous, the court will attempt to ascertain the testator’s intent; if this fails, the relevant provision is void.

Disposition of Property

The testator may dispose of specific assets (hagyomány — legacy), fractional shares of the estate, or the entire estate. The testator may also impose conditions, burdens (meghagyás), or establish a testamentary trust (alapítvány).

Grounds for Invalidity

Formal Defects

A will that fails to meet the formal requirements of its type is void. Common formal defects include:

• Missing date on a holographic will
• Missing witness signatures on an allographic will
• Failure to sign the will
• Use of a witness who is a beneficiary or a close relative of a beneficiary

Defects of Will

Under Ptk. § 7:26–7:28, a will may be contestable if it was procured through:

• Error (tévedés): The testator was mistaken about a material fact
• Fraud (megtévesztés): The testator was deceived by another person into making the will
• Duress (fenyegetés): The testator was coerced into making the will

A will procured by duress or fraud is voidable upon the claim of the person affected.

The Forced Share (Köteles Rész)

Concept

One of the most significant constraints on testamentary freedom in Hungarian law is the forced share (köteles rész). Under Ptk. § 7:75–7:84, certain close relatives of the deceased are entitled to a minimum portion of the estate, regardless of the content of the will.

Entitled Persons

The following persons are entitled to a forced share:

• The spouse of the deceased
• The descendants (children, grandchildren) of the deceased
• The parents of the deceased (if there are no descendants)

Amount of the Forced Share

The forced share is equal to one-half of what the entitled person would have inherited under the rules of intestate succession. For example, if a testator’s child would have inherited 50% of the estate under intestate succession, that child’s forced share is 25% of the estate.

Satisfaction of the Forced Share

The forced share is primarily a monetary claim against the estate. The entitled person does not automatically receive specific assets; rather, they are entitled to the monetary value of their forced share. The forced share is calculated on the basis of the net estate, after deduction of debts and estate administration costs.

Deprivation of the Forced Share

A testator may not simply ignore the forced share by failing to mention the entitled person in the will. If the will does not provide at least the forced share to an entitled person, that person may bring a forced share claim (kötelesrész-igény) in the probate proceedings.

Disinheritance (Kitagadás)

Grounds

Under Ptk. § 7:78, a testator may disinherit (kitagadás) a person entitled to the forced share, but only on specific grounds enumerated in the law. These grounds include:

1. The entitled person has committed a criminal offence against the life, physical integrity, or health of the testator or the testator’s close relatives
2. The entitled person has seriously violated their obligation to maintain the testator
3. The entitled person leads a gravely immoral lifestyle — though this ground is interpreted restrictively by courts
4. The entitled person has been convicted of an intentional criminal offence punishable by imprisonment of one year or more

Formal Requirements

Disinheritance must be expressly stated in the will, with an indication of the reason for disinheritance. A general disinheritance clause without specifying the grounds is invalid. The reason must correspond to one of the statutory grounds, and the burden of proof lies with the person invoking the disinheritance clause.

Revocation and Amendment of Wills

Methods of Revocation

A testator may revoke their will at any time. Revocation may occur by:

• Making a new will that is incompatible with the earlier will (the later will prevails)
• Expressly revoking the earlier will in a new testamentary document
• Destroying the will with the intent to revoke it
• Withdrawing a will deposited with a notary

Partial Revocation

A testator may revoke or amend individual provisions of a will while leaving the remainder in force. A codicil (végrendeleti kiegészítés) is subject to the same formal requirements as the will itself.

Probate Proceedings (Hagyatéki Eljárás)

Overview

Upon the death of a person, the estate is administered through probate proceedings (hagyatéki eljárás) conducted by a public notary acting as the probate authority (közjegyző mint hagyatéki hatóság). The notary’s role includes:

• Identifying the heirs and beneficiaries
• Establishing the composition and value of the estate
• Verifying the validity of any will
• Distributing the estate in accordance with the will or the rules of intestate succession

Contesting a Will

Any interested party may contest the validity of a will during probate proceedings or in a separate civil action. Grounds for contestation include formal defects, lack of testamentary capacity, and defects of will (error, fraud, duress). The time limit for contesting a will is generally five years from the date the claimant became aware of the ground for invalidity.

Practical Recommendations

Choosing the Right Form

• For simple estates: A holographic will is cost-free and easy to execute, but ensure strict compliance with formal requirements
• For complex or high-value estates: A notarial will provides the highest level of security and is less susceptible to challenges
• For individuals with health concerns: A notarial will provides contemporaneous verification of testamentary capacity

Safekeeping

Regardless of the form chosen, the testator should ensure that the will can be located after their death. Options include:

• Depositing the will with a notary (available for all will types, not just notarial wills)
• Informing a trusted person of the will’s existence and location
• Registering the will in the National Will Register (Végrendeletek Országos Nyilvántartása)

Regular Review

Wills should be reviewed and, if necessary, updated following significant life events: marriage, divorce, birth of children, acquisition of major assets, or changes in tax legislation.

Conclusion

Hungarian succession law provides a flexible yet rigorously regulated framework for testamentary disposition. The validity of a will depends on strict compliance with formal requirements, and even a well-intentioned will may be rendered void by a minor procedural defect. The forced share system ensures protection for close family members, while the disinheritance provisions offer a safety valve for extreme situations.

Individuals seeking to plan their estate are strongly advised to consult a qualified legal professional to ensure that their wishes are expressed in a legally valid manner and that their will is robust against potential challenges.

This article is for informational purposes only and does not constitute legal advice. For guidance on your specific situation, please contact our office.