has not made a testament or if the latter only disposed of a part of the estate.
able to obtain satisfaction from the heir. However, the legatee shall be responsible, as would an heir, only with respect to the legacy or enjoinder burdening him. I.8. Enjoinder A testator shall be entitled also to burden a person who receives a part of an estate with an obligation (which can be material or non-material service) for which the recipient (who is not necessarily indicated) will not become entitled to claim by way of court. Interested bodies, however, shall be entitled to request the performance of a public interest enjoinder by the mentioned way that consists of a service suitable for being the subject of a contract. I.9. Designation of substitute heir The testator can obviously exclude the intestate inheritance in his will with an explicit declaration. In the absence of such an explicit declaration the regime of the intestate inheritance will apply also if it can
be deducted from the interpretation of the will that the testator's intent was that the estate should be inherited only by the testamentary heirs. This testamentary intent is principally the designation of a substitute heir. The substitute heir will only inherit if until the time of the descent and distribution (time of the death of the decedent) the designated heir is disqualified from inheritance. The testator can designate the substitute heir either for the disqualification of his testamentary heir, or for his legal heir.
II. Statutory inheritance (Intestate inheritance) Under Hungarian law inheritance can occur under the law or by testamentary disposition. If a testamentary disposition has been left by a decedent, it shall determine the order of succession. If there is no testamentary disposition, law shall provide for the order of succession. Thus, statutory inheritance is applicable in case that the deceased
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II.1.Regime of the statutory inheritance according to the Civil Code a) Child of a decedent shall be the primary legal heir. Two or more children shall succeed in equal shares. If the child or a more distant descendant is disqualified from inheritance (i.e. the descendent predeceases the testator, is considered unworthy of inheriting or is disinherited), the children of a disqualified person shall inherit the respective part of the estate in equal shares. (in case the descendents inherit, the spouse inherit the right of survivorship on the estate). b) in the absence of descendants, the spouse shall inherit, except the property being subject to lineal inheritance. Until there are descendents of the decedent, the spouse cannot inherit. c) if there is no descendant or spouse, parents of the decedent shall inherit in equal shares. In the place of a parent disqualified from inheritance, the descendents of such parent shall inherit in the same manner as the descendents of a child inherit in stead of the child. If a parent disqualified from inheritance has no descendant, the other parent alone or his descendants shall inherit. d) in the absence of the above-mentioned, the grandparents of the decedent shall become legal heirs in equal shares. In the place of a grandparent disqualified from inheritance, the descendants of the grandparent shall succeed in the same manner in which the descendents of a disqualified parent succeed in the stead of the parent. If a disqualified grandparent has no descendent, the spouse of such grandparent (the other grandparent) shall inherit, and if he is also disqualified,
A testator shall be entitled also to burden a person who receives a part of an estate with an obligation
e)
f)
his descendents shall inherit in his place. If either couple of grandparents has been disqualified and their descendants neither can inherit in their place, the entire estate shall be inherited by the other couple of grandparents or their descendents. in the absence of the mentioned, more distant ancestors of the decedent shall become legal heirs in equal shares. In this case descendents of these ancestors cannot inherit under any circumstances, and secondly, all ancestors of the decedent shall inherit at the same time in equal shares (i.e. great-grandparents and great-great-grandparents together in equal shares). If there is no other heir, the estate shall pass to the state. The state is a legal heir. It should be remarked that adopted person shall, during the existence of adoption, can inherit as a blood descendant of the adoptive parent. Adoption shall not affect the adopted person's legal right to inherit from his blood relatives. Cohabitants cannot inherit under Hungarian law, but the new Code Civil which will probably enter into
force in 2009 plans to introduce the possible inheritance of cohabitants. II.2 Right of survivorship II.2.1. The law confers the beneficial right on the surviving spouse until his death, namely usufruct on all property which he does not otherwise inherit, namely which the descendents inherit or which property belongs to lineal inheritance. The right of survivorship devolves on the widow ipso iure at the time of the decease of the descent. In case of testamentary inheritance the spouse instead of inheriting this right, he can only claim the beneficial right of certain properties of the estate on the ground of forced share. II.2.2.The two preconditions of this right is the existence of a valid marriage with the decedent at the time of the descent and distribution of the estate, and secondly the non-existence of reasons of disqualification regarding the surviving spouse. With regard to the cases of disqualification two important remarks should be made: a.) In case of an existing (absence of a final and binding ruling of dissolution) and valid marriage the surviving spouse can be still disqualified if the spouse lived separated at the time of
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descent and distribution and it is demonstrated by the circumstances that restitution of conjugal community was not expected. b.) n case the testator bequeaths his property to a third person and fails, ignores to refer to the beneficial right of his spouse, this should mean that the testator disqualified his spouse from this right and in this case the surviving spouse will only be entitled to forced share relative to right of survivorship. II.2.3. It should be distinguished the beneficial right based on law and on testament. a.) Beneficial right based on/granted by testament basis of this right is the testament this right does not cease when a new marriage is entered to limitation or redemption of this right is not possible b.) Beneficial right based on law (right of survivorship) basis of this right is the law The beneficial right of the surviving spouse ceases if the spouse remarries, but a possible cohabitant relationship of the surviving spouse does not affect this right. limitation or redemption of the right is possible