In the case of matrimonial property agreements, inheritance agreements or wills, the law stipulates formal requirements which, if not met, will render the document invalid. As these documents usually relate to assets of considerable value, it is not worth taking any risks here either. We are at your disposal and will help you put your ideas into the appropriate legal form.
Our foreign clients often ask us to draw up wills for them in Hungarian, too. For foreign nationals who own property in Hungary, particularly real estate, it is advisable to draw up a will in accordance with Hungarian law. The main reason for this is that, when it comes to real estate, the laws of the country in which the property is located must always be applied. Therefore, Hungarian law must be applied to real estate located in Hungary, even if the owner is not a Hungarian citizen.
There are strict rules governing the drafting of wills, and a document can only be considered a will if it fully complies with these rules. The law recognises several types of wills, the most common being the written private will. A written private will can only be validly made in a language that the testator understands and in which he or she can write and read. The testator may write the written private will himself or herself or have it written by someone else. A typewritten will is not considered to be the testator’s own writing, even if it originates from the testator himself or herself. A private will written in shorthand or in a script or numerals other than ordinary writing is invalid. A written private will is valid if its testamentary nature, place and date of execution are apparent from the document itself, and if the testator has
a) written and signed it from start to finish; or
b) signed it in the presence of two witnesses, or if it has already been signed, the testator acknowledged the signature as his/her own in the presence of two witnesses, and in both cases the witnesses shall also sign the will, indicating their capacity; or
c) if the will is signed and deposited in person with a notary public, either as an open or closed document, indicating that it is a will.
A written private will consisting of several separate sheets is only valid if all sheets are numbered consecutively and signed by the testator and, if witnesses are required for the will to be valid, by both witnesses.
Any provision in a written private will in favour of a witness or other person involved in its preparation, or their relatives, shall be invalid unless that part of the will was written and signed by the testator in his or her own hand.
A bequest to a witness or their relative is not invalid if two witnesses other than the testator were involved in the will.
As can be seen from the above, the law does not require the involvement of a notary public or solicitor for a will to be valid. If the will is drawn up by a solicitor, it must still meet the above requirements, i.e. it must be signed by two witnesses, have consecutive numbering, etc. In the case of a will drawn up by a solicitor, it is possible to deposit the will with the Bar Association for a one-off fee.