Czech Republic

This chapter examines the local system of the Czech Republic. It first discusses the inheritance by a will which is regulated by Civil Code. The Code provides for the following kinds of will: wills before witnesses or an allographic will. The chapter emphasizes that the document has to be signed before two witnesses and the testator must declare that the document contains his last wishes. This chapter also explores the automatic state of marital ownership in the Czech Republic. It argues that it is one of community of assets, unless a pre-nuptial contract to the contrary was entered into or it was separated during marriage, will usually only exclude assets individually owned by the spouses prior to marriage, or gained through inheritance during the marriage. Ultimately, the chapter investigates the compulsory shares and freedom of testation under Czech Republic law. It stresses that there are compulsory shares for protected heirs who are the deceased’s children. If the children do not inherit, their children (the grandchildren) are protected heirs.